Ghirardelli White Chocolate Class Action Settlement Gets Initial OK

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Last week, a California federal judge preliminarily approved a class action settlement over allegations Ghirardelli Chocolate Company falsely advertised that some of its baking chips contained white chocolate.

The Ghirardelli class action lawsuit was initially filed by plaintiff Scott Miller, who alleged Ghirardelli violated consumer protection laws by labeling the “Ghirardelli Chocolate Premium Baking Chips – Classic White” (White Chips) as containing chocolate even though they did not. A second plaintiff, Steve Leyton, intervened in Miller’s class action lawsuit and sought to add claims that Ghirardelli mislabeled some of its products as “all natural.” Leyton was added as a plaintiff in the class action lawsuit, but he was unable to add the “all natural” claims due to the late stage in the litigation process.

Leyton notified the court that he intended to file a separate class action lawsuit over the “all natural” claims, but the parties asked the court to hold off on issuing an order while they continued mediation. The parties filed a motion for preliminary approval of the class action settlement in August. The proposed Ghirardelli class action settlement will resolve both the White Chips and the “all natural” claims.

On Thursday, U.S. Magistrate Judge Laurel Beeler certified a Class of individuals who purchased Ghirardelli “Classic White” chips or any of the other products labeled as “all natural” in the United States between Aug. 17, 2008 and Oct. 2, 2014. The products must not have been purchased for resale.

Under the terms of the proposed $5.25 million false advertising class action settlement, Ghirardelli will pay Class Members who file timely and valid claims $1.50 per purchase of White Chips and $0.75 per purchase of eligible products labeled “All Natural.” There will be no compensation limit for Class Members who submit proof of purchase, but awards will be capped at $24 for Class Members without proof of purchase. The actual amount Class Members will receive from the Ghirardelli settlement may be reduced depending on the total number of valid claims submitted.

In addition to the monetary compensation for Class Members who submit valid claims, Ghirardelli has also agreed to make labeling changes to the products challenged by the false advertising class action lawsuit. The company has agreed to not use the phrases “baking chocolate” or “chocolate indulgence” on its White Chips packaging, and will not use the phrase “Classic White” with respect to its White Chips products (except as part of the phrase “Classic White Chips”). Ghirardelli has also agreed not to use the “All Natural” label on any of its products.

The final fairness hearing has been scheduled for Feb. 19, 2015.

More information about the Ghirardelli class action settlement was not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

Class Members are represented by Gutride Safier LLP.

The Ghirardelli False Advertising Class Action Lawsuit is Scott Miller, et al. v. Ghirardelli Chocolate Company, Case No. 3:12-cv-04936, in the U.S. District Court for the Northern District of California, San Francisco Division.

UPDATE: Instructions on how to file a claim for the Ghirardelli class action settlement are now available! Click here or visit www.WhiteChipsSettlement.com for details.

UPDATE 2:  A federal judge granted final approval to the Ghirardelli chocolate class action settlement on Feb. 20, 2015. The deadline to file a claim is 30 days after Final Approval. 

UPDATE 3: On Feb. 15, 2016, according to the Ghirardelli settlement website, Class Members who filed a valid and timely claim for this settlement should receive a check on or before March 19, 2016.

UPDATE 4: On Mar. 15, 2016, Top Class Actions readers started receiving checks worth as much as $33 from the Ghirardelli chocolate class action lawsuit settlement.