Kilwin’s Candy Faces Class Action Lawsuit for Allegedly Mislabeling Portions of Chocolate, Caramel

A Michigan confectioner may have left its customers feeling bitter after allegedly mislabeling the portions and calories in its products.

In a class action lawsuit filed March 18, 2021, in the Northern District of Illinois, lead plaintiff John Rand alleges Kilwins Quality Confections short-changed customers at least $5 million over a five-year period by overstating how much product came in its containers of candy. 

Rand said Kilwins, a candy maker founded in 1947, violated state consumer protection laws and food labeling statutes in the 25 states and Washington, D.C., where it has franchises. He’s seeking to represent a multistate Class of customers who bought an allegedly mislabeled product.

His allegations take aim at Kilwins’ packs of Caramel Topping, Sea-Salt Caramel Topping, Fudge Topping, and Classic Shredded Chocolate.

Rand said he paid $16.99 in July 2020 for each container of toppings and $18.99 for a bag of shredded chocolate. However, he alleges, while the caramel toppings were labeled as containing 40 tablespoons of the product, they contained only 32 tablespoons. 

“Accordingly… the volumes of the ‘Caramel Topping,’ and ‘Sea-Salt Caramel Topping’ are both over-stated by at least twenty-five percent,” the class action lawsuit states.

Rand claims the chocolate and fudge toppings were also overrepresented on the label and that Kilwins understated the products’ calories per serving.

“Contrary to Kilwins’ representations, there are 140 calories in each and every two tablespoon serving, not the 110 calories represented.”

Rand said the candy maker has changed its labeling since then, but he believes Kilwins engaged in an unlawful pattern and practice of unfair and deceptive trade practices for at least three to five years, stiffing thousands of customers out of their sweet toppings.

The lawsuit also called out Kilwins’ marketing statement, “Our values are simple; Treat others as you want to be treated,” which it says the company made as it was overcharging customers.

“The Kilwins brand promises the ‘finest ingredient’ the ‘highest quality products,’ and ‘great service.’ As a result, the affected products typically command a higher price in comparison to other competitive products of similar quality and attributes,” Rand’s class action lawsuit said.

He is seeking compensation from Kilwins for every consumer who the company allegedly overcharged and underserved. He is suing under state consumer laws, as well as for breach of contract and unjust enrichment. 

The lawsuit seeks damages, an injunction preventing the company from mislabeling its candy again, certification of the Class, restitution, fees and interest.

Kilwins is not the first candy maker to face a class action lawsuit from consumers. 

In December last year, a New Jersey man filed a class action lawsuit accusing Tootsie Roll LLC of falsely advertising and selling its Junior Mints and Sugar Babies theater box candies when the boxes were not adequately filled. 

Meanwhile, a website has been established for a Class of California Nestlé candy purchasers in a class action lawsuit alleging its candy boxes also were underfilled.

Would you notice if you didn’t get as much as you were promised in your box of candy? Let us know in the comments! 

John Rand is represented by Daniel J. Voelker of Voelker Litigation and Randall B. Gold of Fox & Fox SC.

The Kilwin’s Candy Mislabeling Class Action Lawsuit is John Rand vs. Kilwins Quality Confections Inc., Case No. 1:21-cv-01513, in the U.S. District Court for the Northern District of Illinois.

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