NEW YORK (Legal Newsline) -- A woman is suing a company based on the fact that its label says fudge but allegedly does not contain the ingredients of actual fudge.
Jessica Spurck filed a complaint on June 23 in the U.S. District Court for the Southern District of New York against Demet's Candy Company, LLC for negligent misrepresentation and fraud.
According to the complaint, Spurck alleges that Demet's White Fudge and Chocolate Fudge-covered pretzels do not actually contain the ingredients consumers expect in fudge. Fudge “is a type of sugar candy that is made by mixing sugar, butter and milk,” but Demet's fudge contains “hard [vegetable] fats” or vegetable fats than dairy fats, making the product not consistent with being actual fudge.
Spurck seeks preliminary and permanent injunctive relief to remove, correct and/or refrain the company for further misrepresentation and fraud, as well as monetary damages, attorney's fees and cost of suit. Spurck is represented by Spencer Sheehan of Sheehan and Associates, P.C.
U.S. District Court Southern District of New York case number 7:21-cv-05506-NSR