Civil Plaintiff

Lawsuit Claims Hershey’s White Reese’s Cups Do Not Contain White Chocolate

The maker of Reese’s peanut butter cups is alleged to have misrepresented the white version of the candy as containing white chocolate. Curtis Winston and Jane Doe, individually and on behalf of all others similarly situated, filed a complaint on June 26 in the U.S. District Court for the Eastern District of New York against The Hershey Co. alleging deceptive trade practices, negligent misrepresentation, breach of express and implied warranty, fraud and unjust enrichment.

The suit states “The absence of any modifying term before or after ‘white’ renders the products misleading because consumers are not able to differentiate between white chocolate and cheaper substitutes like compound or confectionary coating made from vegetable oils when the term ‘white’ is applied to a product traditionally associated with chocolate.”



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