Nuts ‘N More Class Action: White Chocolate Peanut Spread is Mislabeled

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

A class action lawsuit filed against Nuts ‘N More LLC alleges that the company’s white chocolate peanut spread doesn’t actually contain white chocolate.

Plaintiff Aurora Morrison says she purchased a container of Nuts ‘N More White Chocolate Peanut Spread from a Vitamin Shoppe in New York for $11.99.

Morrison claims that she made her purchasing decision at least in part based on the labeling of the product, which advertised the spread as containing white chocolate.

However, the Nuts ‘N More class action states that the product does not in fact contain white chocolate, and instead, contains “inferior confectionary ingredients that are not white chocolate.”

Morrison argues that she was financially injured by Nuts ‘N More because had she known that the spread did not contain white chocolate, she would not have purchased it or would not have paid as much as she did for it.

Allegedly, Nuts ‘N More intended to mislead Morrison and other customers into thinking that the product was more desirable than it was, in an effort to increase sales of the spread.

The Nuts ‘N More white chocolate spread class action lawsuit seeks damages for Morrison and on behalf of all other similarly affected consumers, and seeks an injection barring the company from continuing to misrepresent the product.

Allegedly, Morrison would purchase the product again if the could be assured that it was accurately represented and that it contained the advertised ingredients, but without such an injunction, she has no way of knowing if the product will be accurately represented in the future.

The Nuts ‘N More White Chocolate Peanut Spread class action lawsuit claims that the company knows that white chocolate is more appealing to customers than a cheaper imitation alternative, and misrepresents the product in order to cater to that consumer preference.

Allegedly, Nuts ‘N More LLC knew that consumers would be willing to pay a premium for products containing white chocolate as opposed to an imitation.

Morrison cites U.S. regulations that define white chocolate as a “confection that contains cocoa butter, dairy ingredients, and a sweetener,” and says that the U.S. only permits the sale of white chocolate that contains at least 3.5 percent milk fat, determined by weight.

According to the Nuts ‘N More class action, if a product does not contain 3.5 percent milk fat, the product is not considered white chocolate.

Allegedly, the Nuts ‘N More White Chocolate Peanut Spread does not contain the required amount of milk fat to be considered white chocolate, and is therefore considered an “imitation” product.

Morrison states that because the spread does not contain the required amount of milk fat to be considered white chocolate, its label should bear the words “white chocolate imitation.”

The Nuts ‘N More class action argues that otherwise, customers are led to believe that they are receiving a product that is of higher quality than the product they actually receive.

Morrison is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.

The Nuts ‘N More White Chocolate Peanut Spread Class Action Lawsuit is Aurora Morrison v. Nuts ‘N More LLC, Case No. 1:18-cv-11192, in the U.S. District Court for the Southern District of New York.