DERRY TOWNSHIP, Pennsylvania. – A class action lawsuit accused the Hershey Company of cheating its customers with misleading packaging on White Reese's peanut butter cups.
Plaintiffs Curtis Winston and Jane Doe have filed a lawsuit on behalf of themselves and others on June 26 at the US District Court for the Eastern District of New York. The suit claims that the bright alternative to the whole milk chocolate version uses a misleading marketing because it does not contain "white chocolate," Fox News cites a Legal Newsline report.
The peanut butter cups instead come with a "white crème" listed on the company's website, Fox News explains.
However, the complainants insist that consumers assume that the white version is white chocolate, since the other flavors ̵
White Reese's packaging does not say "white chocolate".
"The defendant has taken affirmative action to help consumers falsely believe that the products contain white chocolate and has deliberately failed to correct the false impressions," Fox News said. "The lack of a modifying term before or after" white "makes the products misleading, as consumers can not distinguish between white chocolate and cheaper substitutes such as vegetable oil compound or confectionery coatings when the term" white "refers to a product is traditionally associated with chocolate.
The couple sues on behalf of others for fraudulent commercial practices, negligent misrepresentation, violation of express and implied warranties, fraud and unjust enrichment.
In a statement by Hershey, Fox News stated that he did not comment on pending lawsuits.