California Prosecutors Target Chocolate Bunnies for Deceptive Advertising

District attorneys in California’s Yolo, Sacramento and San Joaquin counties have reportedly filed a lawsuit in state court alleging that R.F. Palmer Co. advertised its “Too Tall Bunny” product in violation of the unfair business practices, false advertising and unfair competition provisions of the California Business and Professions Code.

The chocolatier apparently packaged the chocolate bunny in a box similar in size to its competition but asserted that the bunny was “Too Tall” and displayed the ears in plastic popping out of the top of the box. The bunny sat on a cardboard insert at the bottom of the box, and without that insert, the bunny was the same size as other similar products, the prosecutors argued. The district attorneys reportedly reached an agreement with the Pennsylvania-based chocolatier bore filing the case to ensure compliance; the court issued a final judgment the same day—a civil penalty of $2,500 for each act of false or misleading advertising as well as costs for a total judgment of $46,919. See Courthouse News Service, January 16, 2015; Sacramento Business Journal, January 21, 2015.

Issue 552