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Reese’s cups on the up-and-up or chock full of lies?

Posted On: Jul. 9, 2019 12:49 PM CST


There’s a wrong way to create and market white chocolate candy and that’s to skip the cocoa butter, according to a lawsuit filed recently against The Hershey Co. alleging that its white chocolate Reese’s Peanut Butter Cups do not contain this key ingredient and are therefore a lie. 

The class-action suit, filed in federal court in New York in late June but made public this week, alleges deceptive trade practices, negligent misrepresentation, breach of express and implied warranty, fraud and unjust enrichment, the news site Legal reported on Monday.

“Defendant has taken affirmative steps for consumers to mistakenly believe the products contain white chocolate and has intentionally failed to correct the misimpressions," the suit, accessed by the new site, reads. "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."

The two named plaintiffs are seeking “trial by jury, interest, attorneys' fees, costs and other relief deemed fit,” the site reported.