Nuts ’N More makes a white chocolate peanut spread. Unfortunately, the complaint for this class action claims that the product is misbranded because it does not contain real white chocolate.
The complaint proposes a Nationwide Class for this action, that is, all persons or entities in the US who made retail purchases of Nuts’ N More White Chocolate Peanut Spread during the applicable limitations period. Alternatively, it proposes a New York Class for those who bought the product in New York.
According to the complaint, white chocolate is “a confection that contains cocoa butter, dairy ingredients, and a sweetener.” “For more than two decades,” the complaint says, “U.S. regulations have only permitted the sale of ‘white chocolate’ with these ingredients, including at least 3.5 percent by weight of milk fat…. If a confection does not have the required amount of milk fat, it is not white chocolate.”
The complaint also alleges, “Real white chocolate’s flavor is partially imparted by content of milk fat.” However, it adds, the white chocolate in the white chocolate peanut spread is made not milk fat but with non-fat dry milk.
The Food and Drug Administration (FDA) offers this definition of non-fat dry milk: “Nonfat dry milk is the product obtained by removal of water only from pasteurized skim milk. It contains … not more than 1 ½ percent by weight of milkfat unless otherwise indicated.” According to the complaint, the spread does not contain any other dairy products.
The complaint also quotes three other sources that insist that white chocolate is made up of at least 20% cocoa butter, 14% total milk solids, and 3.5% milk fat, and no more than 55% sugar or other sweeteners.
The complaint thus claims that the product is misbranded.
The federal Food, Drug & Cosmetic Act (FDCA) says that a food “shall be deemed to be misbranded … if it is an imitation of another food, unless its label bears the word ‘imitation’ and immediately thereafter the name of the food imitated in type of uniform size and equal prominence, followed by a statement showing the constituents thereof.”
Misbranding is prohibited by federal law and also by laws in all fifty states the mirror or incorporate aspects of federal law.
The complaint claims that the company has violated New York’s Deceptive and Unfair Trade Practices Act and False Advertising Law. It also alleges that the company is guilty of common law fraud for the misrepresentations of the product.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Nuts ’N More Misbranded “White Chocolate Peanut Spread” Complaint
November 30, 2018
Nuts ’N More makes a white chocolate peanut spread. Unfortunately, the complaint for this class action claims that the product is misbranded because it does not contain real white chocolate.
nuts_n_more_misbranding_compl.pdfCase Event History
Nuts ’N More Misbranded “White Chocolate Peanut Spread” Complaint
November 30, 2018
Nuts ’N More makes a white chocolate peanut spread. Unfortunately, the complaint for this class action claims that the product is misbranded because it does not contain real white chocolate.
nuts_n_more_misbranding_compl.pdf