Nestlé Class Action Says White Chips Are Fake Chocolate

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Update: Nestle Beats ‘Fake White Chocolate’ Suit For Good

• A class action lawsuit alleging Nestle misled consumers into believing its Toll House Premier White Morsels contained white chocolate was permanently dismissed. 
• The judge noted Nestle did not use the word “chocolate” on the product’s labeling in dismissing the claims for a second time. 
• Plaintiffs originally claimed in 2019 that the Nestle product actually contained hydrogenated oils, rather than white chocolate. 
• Plaintiffs further claimed Nestle’s use of the word “Premier” in the products name misled consumers into believing it was of a higher quality than what it was.
• Plaintiffs had argued that, even though there was no mention of the word chocolate on the labeling, that Nestle relied on its reputation as a chocolate brand to deceive consumers into believing the product was made with white chocolate. 

(12/02/2019)

A class action lawsuit alleges that Nestlé’s Premier White Morsels are not made with white chocolate, and instead consist of hydrogenated oils.

Plaintiffs Steven Prescott and Linda Cheslow say they were misled by Nestlé’s labeling into thinking that the chips were made with white chocolate.

The customers claim that they were financially injured by Nestlé’s misrepresentation of the chips because had they known the chips were imitation white chocolate, they would not have purchased them or would not have paid as much as they did.

Allegedly, Nestlé intentionally uses ambiguous wording on its white chips packaging to trick customers into thinking that they contain white chocolate.

The plaintiffs say the product is labeled as “Premier White Morsels” but does not contain the word chocolate. However, Nestlé allegedly relies on its reputation as a maker of quality chocolate products to trick customers into thinking that the white chips are chocolate.

Elaborating on this claim, the customers also note that other chips sold by Nestlé are made with chocolate and do bear the word “chocolate” on the packaging. Allegedly, the company relies on assumptions that customers make as they quickly select products during their shopping.

Additionally, the Nestlé fake white chocolate class action lawsuit says that Nestlé’s use of the word “premier” represents false advertising. Allegedly, white chocolate is more valuable to consumers than imitation products, and white chocolate is of higher quality than imitation chocolate.

Cheslow and Prescott say that when consumers seek out “premier” white chocolate chips, they want genuine white chocolate and not a cheap substitute. 

The white chocolate chips class action lawsuit says that Nestlé knows that customers equate the Nestlé brand with chocolate, and uses this to mislead customers for the company’s financial gain. 

The Nestlé false advertising class action lawsuit goes on to note that many customers purchase the white chips for baking.

According to Cheslow and Prescott, the Premium White Morsels do not melt when heated up, in the same way that white chocolate melts.

Allegedly, white chocolate melts evenly, making it ideal for many baking projects. In contrast, the imitation chocolate white morsels do not melt evenly, and just form a lumpy mass when melted.

The customers claim that this difference is substantial in the usefulness of the product. They say that Nestlé’s Premier White Morsels’ taste different from white chocolate and lack of ability to melt makes them less useful than actual white chocolate chips.

Have you purchased white chips that turned out to be imitation rather than real chocolate? Share your story with us.

Prescott and Cheslow are represented by Bahar Sodaify, Ryan J. Clarkson, and Shireen M. Clarkson of Clarkson Law Firm PC.

The Nestlé White Chocolate Chips Class Action Lawsuit is Prescott, et al. v. Nestlé USA Inc., Case No. 5:19-cc-07471, in the U.S. District Court for the Northern District of California.

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