Dove Bars “Milk Chocolate” Coating Vegetable Oil Content New York Class Action

Mars Wrigley Confectionary US, LLC makes the well-known Dove ice cream bars—but this class action takes issue with the company’s marketing of this treat. The complaint claims that the portrayal of outer layer as “milk chocolate” is deceptive and misleading because the coating contains vegetable oil—an “ingredient[] consumers do not expect in chocolate[.]”

The class for this action is all those who live in New York who bought the product during the statutes of limitations.

Page 2 of the complaint shows images of the front and side panels of the Dove bar box. The front displays the words, “Silky Smooth” and “Vanilla Ice Cream with Milk Chocolate,” and images of chocolate chunks and an ice cream bar being dipped into a pool of chocolate. The side panel speaks of “the rich flavor of vanilla ice cream dipped in silky smooth Dove Milk Chocolate” and the description, “Vanilla and chocolate chip ice cream dipped in silky smooth Dove Milk Chocolate.”

Directly below the images is the complaint main allegation: “The unqualified, prominent and conspicuous representations of the Product as ‘Milk Chocolate’ is false, deceptive and misleading because the ‘chocolate’ portion of the ice cream bar contains ingredients consumers do not expect in chocolate—vegetable oil.”

In fact, the ingredient panel lists “Coconut Oil, Palm Oil.”

In making chocolate, cacao beans are first processed in to cacao nibs. The nibs are then ground to create cocoa mass or chocolate liquor, which is then separated into cocoa solids and cocoa butter. The complaint says, “Cocoa butter makes up about one-fourth of chocolate but costs more than three times as much as vegetable oil.”

Is there really a difference? The complaint alleges, “Chocolate provides greater satiety and a creamy and smooth mouthfeel compared to other ingredients which substitute for chocolate… Vegetable oils provide less satiety than chocolate, [and] an oily mouthfeel and leave an aftertaste.” This, the complaint says, “is the opposite of what consumers expect from a food labeled as “milk chocolate.”

Also, the complaint claims that studies have shown that chocolate may help the heart and arteries because it contains flavonoids, compounds that are activated when the cacao bean is made into cocoa butter. Furthermore, it says, cocoa butter is superior in that it does not increase cholesterol levels or trans fats, which can clog arteries, as vegetable oils do.

The complaint asserts that an unqualified representation of “milk chocolate” indicates chocolate ingredients without vegetable oils. The complaint alleges that the presence of vegetable oil should be revealed on the front label, as, for example, “milk chocolate and vegetable [palm/soy/coconut] oil coating.”

Article Type: Lawsuit
Topic: Consumer, News

Most Recent Case Event

Dove Bars “Milk Chocolate” Coating Vegetable Oil Content Memorandum of Law in Support of Motion to Dismiss

December 23, 2020

As part of its response to the complaint, defendant Mars Wrigley submitted this Memorandum of Law in Support of Motion to Dismiss.

Dove Bars “Milk Chocolate” Coating Vegetable Oil Content Memorandum of Law in Support of Motion to Dismiss

Case Event History

Dove Bars “Milk Chocolate” Coating Vegetable Oil Content Memorandum of Law in Support of Motion to Dismiss

December 23, 2020

As part of its response to the complaint, defendant Mars Wrigley submitted this Memorandum of Law in Support of Motion to Dismiss.

Dove Bars “Milk Chocolate” Coating Vegetable Oil Content Memorandum of Law in Support of Motion to Dismiss

Dove Bars “Milk Chocolate” Coating Vegetable Oil Content New York Complaint

January 1, 2021

Mars Wrigley Confectionary US, LLC makes the well-known Dove ice cream bars—but this class action takes issue with the company’s marketing of this treat. The complaint claims that the portrayal of outer layer as “milk chocolate” is deceptive and misleading because the coating contains vegetable oil—an “ingredient[] consumers do not expect in chocolate[.]”

Dove Bars “Milk Chocolate” Coating Vegetable Oil Content New York Complaint
Tags: "Chocolate" Not Real Chocolate, Deceptive Advertising, Deceptive Labels