CHICAGO (Legal Newsline) - Hershey's "hot fudge" doesn't contain the ingredients of real fudge, a new class action lawsuit claims.
Sandra Lederman, individually and on behalf of all others similarly situated, filed a federal complaint on August 28 in the Northern District of Illinois against The Hershey Company for violation of state consumer fraud acts, breach of express warranty, negligent misrepresentation, fraud and unjust enrichment.
According to the complaint, The Hershey Company manufactures, labels, markets, and sells a chocolate topping described as “Hot Fudge,” under the Hershey’s brand. Lederman alleges that the quality of fudge depends on the amount and type of fat-contributing ingredients. The small droplets of fat are dispersed throughout the candy mass, providing lubricity and impart desirable flavor release and if the fat content is too high, it can lead to oil separation and a greasy texture, the suit says.
Lederman alleges that the product is not real fudge or "hot fudge."
Lederman seeks a proper class action, injunctive relief, monetary damages, punitive damages, cost of suit, expenses and attorney's fees. Lederman is represented by Spencer Sheehan.
U.S. District Court Northern District of Illinois case number 1:21-cv-04528