Nestle Class Action Says White Chocolate Chips Are Fake

Nestle makes fake white chocolate chips with hydrogenated oils which it then passes off as genuine white chocolate, according to a recent class action lawsuit.

“Nestle, a company known for its chocolate, sells fake white chocolate baking chips and tries to market them as white chocolate,” plaintiffs Steven Prescott and Linda Cheslow claim in their Nestle class action lawsuit.

Unlike other chocolate products, white chocolate does not contain any cocoa solids. Instead, cocoa butter is the only ingredient in chocolate confection, occasionally accompanied by flavors such as vanilla.

Nestle’s “white chocolate” chips allegedly fail to contain any white chocolate, cocoa butter, cocoa fat, or other cocoa derivatives. Instead, the ingredient list reportedly includes: sugar, palm kernel oil, milk, nonfat milk, hydrogenated palm oil, soy lecithin, and natural flavor. The plaintiffs argue that this disqualifies the products from being classified as true white chocolate.

Nestle reportedly advertises their white chocolate chips as “premiere chocolate,” despite knowing that the products are not genuine. In fact, consumers allegedly find that their baking projects fail due to the fraudulent nature of the Nestle “white chocolate” chips interfering with the melting process.

According to the Nestle class action lawsuit, the company knows that their products are deceptively marketed. However, the company reportedly refuses to make changes to their labeling and continues to intentionally deceive consumers.

“Nestle is aware that reasonable consumers are misled into believing the product contains white chocolate when it actually contains fake white chocolate but has thus far refused to make any labeling and advertising changes to dispel the consumer deception,” the Nestle class action argues.

The plaintiffs in the Nestle white chocolate class action argue that Nestle knows that their deception is resulting in more sales, meaning that they have no incentive to change their marketing tactics and be honest with consumers.

“Nestle’s profits are attributable, in part, to deceptive labeling and advertising of the product as containing white chocolate,” the plaintiffs argue in their Nestle class action.

The plaintiffs seek to represent a Class of consumers who purchased Nestle white chocolate chips for personal consumption within the past four years. Alternatively, the plaintiffs propose a Class of the same consumers specifically from California.

In their Nestle white chocolate complaint, the plaintiffs bring claims of violation of the California Consumer Legal Remedies Act, California’s Unfair Competition Law, and other California consumer protection statutes.

The Nestle class action seeks a court order prohibiting Nestle from labeling and advertising their product as white chocolate, restitution, court costs, and attorneys’ fees.

Did you purchase Nestle white chocolate chips believing they were genuine? Share your experiences in the comment section below.

Plaintiffs and the proposed Class are represented by Ryan J. Clarkson, Shireen M. Clarkson, Matthew T. Theriault, and Bahar Sodaify of Clarkson Law Firm PC.

The Nestle White Chocolate Chips Class Action Lawsuit is Prescott, et al. v. Nestle USA Inc., et al., Case No. 19cv02857, in the Superior Court of California for Santa Cruz County.

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