Hawaiian Host Candies Aren’t Made in Hawaii, Class Action Lawsuit Claims

Two women have filed a class action lawsuit alleging a California candy company falsely represents its products as being made in Hawaii.

Plaintiffs Alison Toy of California and Andrea Ward of Colorado filed their class action lawsuit against Hawaiian Host Candies of L.A. Inc. in federal court on Tuesday.

According to Toy and Ward, Hawaiian Host Candies’ products are sold at shops and ABC stores throughout Hawaii and are “are synonymous” with the state; they are also sold in other states through third-party retailers.

Toy purchased Hawaiian Host Milk Chocolate Alohamacs at Cost Plus World Market in California, in early 2018, the class action lawsuit states. Ward says she purchased Hawaiian Host Milk Chocolate Alohamacs and Hawaiian Host Maui Caramacs from a number of retailers, including ABC Stores in Los Angeles and Las Vegas; Costco in Colorado; and H-Mart in Colorado.

Both plaintiffs say they relied on the Hawaiian Host Candies’ product packaging when deciding whether to make their purchase. They say the packaging caused them to “reasonably” believe the chocolates were made in Hawaii.

The product packaging includes hibiscus flowers, palm trees, Hawaiian landmarks and other “references to Hawaiian culture,” the class action lawsuit states, creating the impression the product is made in Hawaii. The package also states “HAWAIIAN HOST, INC. Honolulu Hawaii 96817.”

Despite the address on the packaging, the plaintiffs say, Hawaiian Host Candies’ “principal place of business” is an address on South Avalon Boulevard in Gardena, Calif.

“Defendant owns and operates a large chocolate-making factory in Gardena, California that produces the candy it sells to consumers residing outside of Hawaii,” the class action lawsuit says.

The plaintiffs claim the Hawaiian Host Candies’ packaging is “designed to reinforce the misconception that they are from Hawaii,” when in fact the candies are produced in California.

“They are simply not the unique Hawaiian chocolates as falsely and deceptively warranted by Defendant,” the class action lawsuit claims.

The plaintiffs say if they and other consumers had known the Hawaiian Host chocolates weren’t made in Hawaii, they either would have paid less or not purchased the candy at all.

As such, the class action lawsuit agues, the plaintiffs suffered injury and lost money due to Hawaiian Host Candies’ “misleading, false, unfair, and deceptive practices.”

Even though they say they were misled, the plaintiffs claim they would like to purchase Hawaiian Host Candies in the future, as they regularly visit stores where the products are sold.

In addition to the packaging’s alleged deceptions, the plaintiffs claim the Hawaiian Host Candies Instagram page and print advertisements also revolve around Hawaiian imagery. 

Toy and Ward are seeking to represent several Classes of consumers: 

• A nationwide Class for all U.S. residents — excluding those in Hawaii — who purchased any of the included Hawaiian Host Candies within the relevant period. 
• A California Class of California residents who purchased any of the products within the relevant period.
• A California subclass for California residents who purchased the products for “personal, family, or household purposes” in the state within the relevant period.
• A Colorado Class for Colorado residents.
• A Nevada Class for Nevada residents.

The products in question include all varieties of Hawaiian Host Candies chocolate products made at the company’s California factory.

The plaintiffs accuse Hawaiian Host of a host of legal wrongdoing: violations of the California Consumers Legal Remedies Act, the California Unfair Competition Law, the California False Advertising Law, the Colorado Consumer Protection Act and the Nevada Deceptive Practices Act; breach of California express and implied warranty; intentional and negligent misrepresentation; unjust enrichment; and common law restitution.

Toy and Ward are asking the Court to grant injunctive relief to stop Hawaiian Host Candies from continuing to engage in the alleged unlawful practices. They also seek an award of restitution; “all economic, monetary, actual, consequential, compensatory, and treble damages caused by Defendant’s conduct”; punitive damages; attorneys’ fees and court costs; interest; and any other relief the Court finds proper.

The plaintiffs also demand a jury trial.

Have you purchased Hawaiian Host Candies products? Did you believe them to be from Hawaii based on the packaging? Let us know in the comments.

The plaintiffs and proposed Classes are represented by Benjamin Heikali and Joshua Nassir of Faruqi & Faruqi LLP; and Aubry Wand of the Wand Law Firm PC.

The Hawaiian Host Candies Class Action Lawsuit is Alison Toy, et al. v. Hawaiian Host Candies of L.A. Inc., Case No. 8:20-cv-02191, in the U.S. District Court for the Central District of California.

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