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DERRY TOWNSHIP, Pa. – A class action has been filed against Hershey for duping its customers with misleading packaging on its White Reese peanut butter cups, according to Fox News.
Complainants Curtis Winston and Jane Doe filed a complaint on behalf of themselves and others on June 26 in the US District District Court for the Eastern District of New York. The lawsuit alleges that the light-colored alternative to the milk chocolate version uses misleading marketing because it does not contain "white chocolate," Fox News says, citing a report from Legal Newsline.
The peanut butter cups are instead covered with a "white cream", which is listed on the company's website, says Fox News.
However, the complainants insist that, since the other flavors – milk chocolate and dark chocolate – are real chocolates, consumers assume that the white version is based on white chocolate.
The packaging of White Reese does not say "white chocolate".
"The defendant has taken positive steps so that consumers mistakenly believe that the products contain white chocolate and have intentionally not corrected misrepresentation," said the lawsuit, according to Fox News. "The lack of amending term before or after" white "makes the products misleading because consumers are not able to tell the difference between white chocolate and cheaper substitutes such as a compound or a coating of vegetable oil confectionery when the term "white" is used traditionally associated with chocolate. "
The pair, on behalf of others, is prosecuting deceptive marketing practices, negligent misrepresentation, a breach of the express and implied warranty, fraud and unjust enrichment, the legal website reported.
In a statement, Hershey told Fox News that he was not commenting on the ongoing litigation.
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