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Thursday, September 19, 2019

Consumer alleges Godiva's 'Belgium 1926' labeling is false advertising


By Noddy A. Fernandez | Feb 7, 2019

SAN FRANCISCO (Legal Newsline) – A consumer alleges a chocolate maker "intentionally plays on the false impression" that its chocolates are made in Belgium when they are made in the U.S.

Adam Buxbaum, on behalf of himself and all others similarly situated, filed a complaint on Jan. 31 in the U.S. District Court for the Northern District of California against Godiva Chocolatier Inc. and Does 1 through 50 citing the California Consumer Legal Remedies Act and other counts.

According to the complaint, in December 2017, Buxbaum purchased defendant's Godiva Solid Milk Chocolate bar from a Target store believing based on defendant's advertising that the chocolate products were imported from Belgium. The suit states the Godiva products have a statement that says "Belgium 1926" on the packaging.

The plaintiff alleges that the chocolates are not made in Belgium and imported but instead are made in Pennsylvania. He alleges he would not have purchased the product, or paid less for it, had he known it was not made in Belgium.

The plaintiff holds Godiva Chocolatier Inc. responsible because the defendant allegedly violated the CLRA by intentionally failing to disclose its products are made in the U.S. and with its false advertising.

The plaintiff requests a trial by jury and seeks declaratory judgment, injunctive relief, award all damages, expenses, attorneys' fees, pre- and post-judgment interest, and such further relief that the court may deem just and proper. He is represented by Benjamin Heikali and Joshua Nassir of Faruqi and Faruqi LLP in Los Angeles, California.

U.S. District Court for the Northern District of California Case number 4:19-cv-00558-DMR

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Faruqi & Faruqi LLP U.S. District Court for the Northern District of California

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