Godiva Class Action Says Belgium Chocolates are Made in Pennsylvania

A class action lawsuit alleges that Godiva chocolates are falsely advertised as Belguim chocolate products when they are actually made in Reading, Pennsylvania.

On Godiva packaging, store fronts, display stands, and advertising, “Belgium 1926” is reportedly displayed prominently.

The Godiva class action lawsuit states that these representations induce consumers into believing that Godiva chocolates are made in Belgium and shipped to the U.S.

According to the Godiva class action lawsuit, Godiva takes advantage of the reputation of Belgian chocolates in order to promote their products and make them seem like they are of the highest quality.

Godiva reportedly started using their “Belgium 1926” tagline in 2009 as part of a multimillion dollar marketing campaign allegedly aiming to reinforce the idea that Godiva chocolates are made in Belgium.

“Godiva intentionally plays on the false impression that the Godiva Chocolates are made in Belgium and then imported to the United States, in order to enhance the image of Godiva Chocolates as luxury chocolates. It does this because Belgian chocolates are widely known to be among the highest quality in the world,” the Godiva chocolates class action lawsuit claims.

The difference between American and Belgian chocolates may seem insignificant, but the Godiva class action argues that the devil is in the details.

Chocolates made in America reportedly use different butters, creams, and alcohol, resulting in a distinctly different taste.

Melanie Draps, the granddaughter of the Godiva founder, reportedly told The Washington Post: “I’ve tried the American Godivas and they do taste different.”

Plaintiff Adam Buxbaum claims that he and other consumers were harmed by Godiva’s alleged misrepresentations because the belief that the chocolates were made in Belgium played a “significant factor” in their purchasing decisions.

The Godiva chocolates class action further argues that consumers may not have even purchased the products or paid as much for them had they known about the true origins of the chocolates.

“Consumers are willing to pay more for chocolates made in Belgium. They are also induced to make purchases that they otherwise would not have but for the belief that the chocolate is from Belgium,” Buxbaum argues in the Godiva class action lawsuit. “Indeed, consumers, like Plaintiff, place inherent value on this perception, in addition to any value placed on the chocolate due to taste.”

Buxbaum seeks to represent a Class of consumers who purchased Godiva chocolates in the United States. He also seeks to represent two subclasses of the same consumers in California who are protected under additional state laws.

The Godiva class action lawsuit seeks Class certification, injunctive relief, restitution, disgorgement, economic damages, monetary damages, actual damages, consequential damages, compensatory damages, treble damages, punitive damages, court costs, and attorneys’ fees.

Buxbaum and the proposed Class are represented by Benjamin Heikali and Joshua Nassir of Faruqi & Faruqi LLP, and Aubry Wand of The Wand Law Firm PC.

The Godiva Chocolates Class Action Lawsuit is Buxbaum v. Godiva Chocolatier Inc., Case No. 3:19-cv-00558, in the U.S. District Court for the Northern District of California.