BROOKLYN, N.Y. (Legal Newsline) – The maker of Kit-Kats is alleged to have misrepresented the ingredients in the "white" version of the candy.
Eva Rivas and Jane Doe, individually and on behalf of all others similarly situated, filed a complaint on June 7 in the U.S. District Court for the Eastern District of New York against The Hershey Co. alleging violation of California's False Advertising and Unfair Competition Law and other counts.
The suit states that the defendant makes and sells White Kit-Kats. The plaintiffs allege the products are misleading because they are represented as white chocolate but do not contain white chocolate because the ingredient list does not contain cocoa butter.
The plaintiffs allege that if they had known the product did not contain real white chocolate, they would not have purchased the product or paid less for it.
The plaintiffs are seeking trial by jury, relief, interest, treble and punitive damages, costs, expenses and reasonable fees. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Eastern District of New York case number 1:19-CV-03379