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Mister Softee takes hard line on franchisees


The telltale jingle of Mister Softee might go silent along Wildwood, New Jersey’s famed boardwalk.

Mister Softee Inc. is asking a federal judge to shut down two franchisees there for not paying royalty fees in 2016, according to a lawsuit filed this month, the Press of Atlantic City reported on Sunday.

The company is claiming that franchise owner Carl Gallucci did not pay his royalty fees in 2016, the newspaper reported. The lawsuit claims Mister Softee sent two letters to Mr. Gallucci, who did not return requests for comment, notifying him he owed the company $1,729 from 2016. 

“Because (Gallucci) is no longer affiliated with Mister Softee, Mister Softee has no ability to ensure that the defendant is storing and dispensing his ice cream and other food products in compliance with applicable health standards and laws,” the lawsuit states. “As a result, customers may become ill if the ice cream is not properly stored and dispensed and the stands and equipment are not operated in a sanitary manner.”