See’s Candies Hit With $5M Class Action Lawsuit Over Kosher Claims

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See’s Candies Inc. faces a potential class action lawsuit that accuses the candy maker of falsely advertising its heart-shaped boxes of assorted chocolate as kosher certified, when in reality they are not.

Lead plaintiff Avi Weiss says he bought a box of See’s Candies’ Classic Red Heart Assorted Chocolates at a Los Angeles shop after noticing the kosher certified symbol displayed on the sign placed directly above the candy.

The See’s Candies class action lawsuit states that in recent years the food industry has offered a number of products that are kosher certified. Weiss says that kosher certified means that the food item adheres to dietary laws when it comes to the processing, preparation and ingredients within the product.

According to the See’s chocolate class action lawsuit, customers often look for the kosher symbol when making the decision to purchase a food item. Weiss claims that since the box of chocolates was advertised as kosher certified, he reasonably believed that to be true.

The See’s candy class action lawsuit alleges that “Food products that are represented as Kosher certified command a premium in the marketplace. In addition, companies increase sales when they offer Kosher certified food products.”

Weiss states that Americans choose a kosher diet for numerous reasons including heath, food safety, taste, vegetarianism, lactose intolerance, religious, and other dietary restrictions.

The plaintiff claims that he, along with potential Class Members, were lured into purchasing, and even paying extra for, a box of See’s chocolates based on the misleading kosher symbol.

The See’s class action lawsuit alleges that the candy maker violated the California False Advertising Law because the kosher certified symbol “had the capacity, likelihood and tendency to deceive and confuse consumers into believing that the candy offered for sale was Kosher certified.”

Weiss also accuses See’s Candies of violating California Unfair Competition Law, the California Consumer Legal Remedies Act, along with breaches of their express warranties with consumers.

In addition to seeking financial compensation for the purchase of the Valentine’s Day candies, Weiss is also seeking an injunction that would require See’s Candies Inc. to remove the kosher symbol on signs within the candy shops and provide notice to customers who already purchased the product that the item was not kosher.

If approved, the See’s Candies class action lawsuit would be open to all U.S. Class Members who purchased a product from a See’s candy shop that was marketed as kosher certified when the product was not kosher certified, within the last four years.

Weiss is represented by David C. Parisi and Suzanne Havens Beckman of Parisi & Havens LLP and Yitzchak H. Lieberman and Grace E. Parasmo of Parasmo Lieberman Law.

The See’s Candies Assorted Chocolates Class Action Lawsuit is Avi Weiss v. See’s Candy Shops Inc., et al., Case No. 4:16-cv-00661, in the U.S. District Court for the Northern District of California.