A Cronulla man is accusing ice cream retailer Ben and Jerry’s of misleading and deceptive conduct.

“I got to Ben and Jerry’s thinking I was going to get a free cone.” says Jonah Thomas. “I knew something wasn’t right when most of the people in the queue were 12 years old.”

But the 28 year old brick layer persisted, standing in the queue for almost 10 minutes.

It’s understood that when he got to the front of the queue, he was offered free ice cream by a Ben and Jerry’s staff member.

“What the actual fuck! That’s not a cone!” he reportedly told the worker.

Mr Thomas says he plans to report Ben & Jerry’s to the Australian Competition and Consumer Commission.

“It’s misleading and deceptive conduct,” he told Double Bay Today.

Ben & Jerry’s were not available for comment.

More to come.

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