July 2020: A federal judge dismissed this case for lack of subject matter jurisdiction. The judge further concluded that allowing plaintiffs to amend their complaint would be futile because “reasonable consumer[s] would not be misled into believing that the wafers are dipped in white chocolate when the packaging does not mention chocolate.”

June 2019: A class-action lawsuit was filed against The Hershey Company for allegedly falsely marketing that certain Kit Kat bars contain white chocolate when, according to the complaint, the bars do not contain white chocolate. (Rivas et al v. The Hershey Company, Case No. 19-cv-3379, E.D.N.Y.)

For more of TINA.org’s coverage of white chocolate products, click here.


Class-Action Tracker

Totally Cool Ice Creams

Class Action

Totally Cool Ice Creams

Allegations: Failing to disclose that products contain a bacterium that could lead to serious health consequences

Hershey’s Hot Fudge Topping

Class Action

Hershey’s Hot Fudge Topping

Allegations: Misleadingly marketing the topping as fudge when the product is missing ingredients essential to fudge and contains ingredients not found in fudge


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