Ghirardelli, Russell Stover Class Action Says Chocolate Boxes Half Empty

A class action lawsuit claims that consumers are getting half empty chocolate boxes when they buy from Russell Stover or Ghirardelli this Valentine’s season.

Lead plaintiff Walter Faison alleges in his class action lawsuit that the chocolate boxes he purchased from the candy manufacturers were “predominantly empty.”

Faison says that while the products come in a variety of sizes and shapes, they have two shared characteristics – consumers cannot see how much chocolate they are buying, and the packages are filled with large “void spaces.”

“The products’ packaging contains void space not visible to consumers, causing them to believe the chocolate contents filled all, most, or more of the packaging then they actually did,” alleges the Ghirardelli class action lawsuit.

Faison says he purchased a chocolate box from both Russell Stover and Ghirardelli. He allegedly paid a premium for the products, not less than $2.99 each.

The Russell Stover class action lawsuit contends that the plaintiff and other consumers were duped into paying more for Russell Stover and Ghirardelli chocolate boxes because of the products’ packaging.

“The packaging was constructed so they could be formed and filled such that the reasonable consumer would be misled as to the quantity and/or amount of its contents,” alleges the Ghirardelli chocolate class action lawsuit.

Ghirardelli and Russell Stover chocolate boxes come in different shapes and sizes, including rectangular, square, and bottle boxes, as well as “purse,” standup, and tent boxes, notes the Russell Stover chocolate class action lawsuit.

The products at issue are 100% Unsweetened Cocoa, Premium and Caramel Chocolate Assortment Squares, Russell Stover Fine Assorted Chocolates, Masterpiece Timeless Collection and Whitman Sampler Assorted Chocolates.

“The containers misstated the correct weight and height of the Products as indicated on the front of the packaging,” alleges the Russell Stover, Ghirardelli class action lawsuit.

According to the Ghirardelli chocolate class action lawsuit, the chocolate makers are in violation of “slack-fill” rules that regulate the amount of empty space that manufacturers are permitted to include in their products’ packaging.

While some empty space may be necessary for manufacturing process and some may occur due to settling during transport, manufacturers cannot dupe consumers by selling a half empty box.

“The sidewalls and volume provided no benefit to the contents of the packaging and only serve to mislead customers,” argues the Russell Stover chocolates class action lawsuit.

The Ghirardelli chocolate box class action lawsuit seeks to represent a nationwide Class of consumers who purchased Russell Stover and/or Ghirardelli brand products, along with a New York subclass.

The plaintiff contends that the chocolate makers violated New York business law, committed negligent misrepresentation, fraud, breached warranties, and experienced unjust enrichment with their partially filled chocolate boxes.

The Russell Stover chocolates class action lawsuit is seeking damages, as well as a court order requiring Ghirardelli and Russell Stover to stop selling partially filled chocolate boxes and correct their practices.

Faison and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC and Joshua Levin-­Epstein of Levin­-Epstein & Associates PC.

The Ghirardelli, Russell Stover Chocolate Boxes Class Action Lawsuit is Faison v. Russell Stover Chocolates LLC, et al., Case No. 1:19-­cv-­00721, in the U.S. District Court for the Eastern District of New York.