The Hershey Company is the defendant in a proposed class action filed by a consumer who claims “white chocolate” Kit-Kats are not made with real white chocolate because cocoa butter (cacao fat) is absent from the product’s ingredients list.
Filed in New York, the suit alleges Hershey has “taken affirmative steps for consumers to believe the Products contain white chocolate and has intentionally failed to correct the misimpressions.” As the case tells it, given consumers’ appreciation for white chocolate, Hershey is among a number of companies that fraudulently attempt to pass off as real white chocolate “white-colored confections” that lack cacao fat in sufficient enough quantities to be considered the real deal.
According to the lawsuit, 20 percent of cacao fat is the minimum amount allowable for white chocolate to be legitimate, separating it from a mere confectionary or candy. The complaint says that while Hershey’s Kit-Kats did in fact contain cacao fat and were real white chocolate many years ago, this is no longer the case. Hershey, the suit claims, has chosen not to correct the apparent misrepresentations.
“Had Plaintiff and Class members known Defendant’s Product did not contain real white chocolate, understood as containing a significant amount of cacao fat, they would not have bought the Product or would have paid less for it,” the lawsuit reads.