"We receive an overwhelming interest from the franchise community and evaluate every potential partner against a strict set of criteria to determine if they will be a fit with our growth strategy and our brand," said Ron Graves, Pinkberry CEO.

"Crackberry" addicts, prepare for your favorite dessert to take a licking from California Department of Food and Agriculture officials. Their answer: Nogurt. "You can't call a product frozen yogurt unless it's mixed off-site and delivered to the site as frozen yogurt," said Steve Lyle, a department spokesman.

Pinkberry executives concede that their product is made with a powder and mixed in-store. They say it includes plain yogurt, yet they wouldn't disclose what else goes into their refreshingly tart treat. But a lawsuit might force them to take their secret recipe out of the deep freeze. This week, a civil suit was filed in Los Angeles County Superior Court by L.A. resident Bryan Williams, 48, who contends that Pinkberry's powdered mix lacks the "good" bacteria cultures found in yogurt.

"For lack of a better word, it's just dessert," said Williams' attorney, Michael Amir. "We're just asking for them to … tell the public the truth."

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Pinkberry "is yogurt, absolutely 100%" vowed company President Young Lee, who said he's working with the state to resolve the concerns. "We are more frozen yogurt than other frozen yogurt."

Nevertheless, Pinkberry has removed written references to frozen yogurt from its website. A catchy jingle, though, still extols Pinkberry's fat-free, 25-calorie-per-ounce virtues: "Sorry ice cream, I'm dreaming of a different dessert. Pinkberry shaved ice and frozen yogurt. It doesn't feel like I'm cheating when I'm eating it, because it's healthy I feel better already."

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One customer said the hype reminded her of a famous "Seinfeld" episode in which Jerry and Elaine gain weight eating loads of "nonfat" yogurt. They finally test the yogurt only to discover that it's not really fat-free. "I hope that episode wasn't foreshadowing Pinkberry's ending," one Angeleno wrote on the Giantrobot.com blog.