Godiva Belgium Chocolate Eaters Could Get a Piece of New $20M Class Action Settlement

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Update:

• Attorneys general from Idaho, Florida, Maryland, Ohio, New Jersey and Utah voiced concern over a Godiva settlement worth $20 million.
• Godiva settled to resolve concerns it misled consumers into believing its chocolate was produced exclusively in Belgium. 
• The AGs say not enough class members have made claims to join the settlement.
• They also say a $25 cap on claims with a proof of purchase is arbitrary and serves to “artificially depress” the number of claims made.
• The AGs are concerned the settlement does not include injunctive relief for class members. 
• The claims arose over Godiva labeling its U.S. packaging with “Belgium 1926.”
• Consumers claim Godiva chocolate sold in the United States is actually made in Pennsylvania. 

Godiva Belgium 1926 Label Class Action Settlement Overview: 

• Who: Godiva was sued by consumers who bought its chocolate
• Why: Godiva has agreed to pay $20 million to settle claims customers were deceived into thinking certain products were made in Belgium
• Where: If approved, Class Members will include those who purchased Godiva chocolates with a “Belgium 1926” label.

(10/15/2021)

If you bought Godiva “Belgium” chocolate in the last six years, you might soon be eligible to claim for cash back from the company thanks to a proposed class action settlement.

On Oct. 12, plaintiffs in a class action lawsuit against Godiva Chocolatier Inc. filed a motion asking a New York federal judge to approve a $20 million settlement with the company.

The settlement would end claims Godiva’s “Belgium 1926” U.S. packaging misled about 18 million consumers into thinking that the chocolate was made in Belgium, when it’s not.

According to the motion, customers who submit claim forms would be eligible to receive $1.25 per product. Those who have proof of purchase could receive up to $25, while those without any proof can receive up to $15. 

Eligible consumers are those who bought any Godiva chocolate product from ​​Jan. 31, 2015 to the date the settlement is approved.

Godiva ‘Belgium’ Chocolates Actually Made in Pennsylvania

The class action lawsuit was originally filed in Jan. 2019 by plaintiffs Steve Hesse of New York and Adam Buxbaum of California. 

The pair alleged that they and other consumers believed Godiva chocolate was made in Belgium because of a statement on the label that said, “Belgium 1926.”

This representation was false, claimed Hesse and Buxbaum, since all of the chocolate made by Godiva is made in Pennsylvania.

The complaint included a picture of Godiva chocolate packaging, including both the “Belgium 1926” phrase and describing the product inside as “Assorted Belgian Chocolate Caramels.”

The plaintiffs contended that Godiva is using Belgium’s reputation for producing some of the finest chocolate in the world to dupe consumers into thinking their products come from that country.

The Godiva class action lawsuit alleged that the chocolate company violated New York and California consumer protection laws with its Godiva advertising. 

A judge dismissed Godiva’s bid to toss the claims in 2020, when the company argued that if consumers were duped into thinking the chocolate was made in Belgium based on the “Belgium 1926” representation on the label, they would also think that the chocolate had been made in 1926.

Have you bought Godiva chocolate in the last six years? Will you be claiming for a refund? Let us know in the comments! 

The lead plaintiffs and proposed Class Members are represented by Timothy J. Peter and Innessa M. Huot of Faruqi & Faruqi LLP.

The Godiva Belgium Chocolate Class Action Lawsuit is Hesse, et al. v. Godiva Chocolatier Inc., et al., Case No. 1:19-cv-00972, in the U.S. District Court for the Southern District of New York.

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