Two consumers allege that Hawaiian Host Candies, “synonymous with Hawaii,” are made in Gardena, California.  Toy v. Hawaiian Host Candies of L.A. Inc., No. 20-2191 (C.D. Cal., filed November 17, 2020). “Had Plaintiffs and other consumers known that the Hawaiian Host Products are not made in Hawaii, they would have paid significantly less for them, or would not have purchased them at all,” the complaint alleges. The plaintiffs assert that the candy packaging intentionally misleads consumers with the candy name as well as statements such as “Hawai’i’s Gift to the World,” “Hawaiian Host products are made with aloha” and “Our classic confections reflect our deep connection to Hawai’i and are meant to be shared with others in the true spirit of Aloha.” The packaging also includes the name of Hawaiian Host Inc. and a Honolulu address.

As further evidence, the complaint cites the company’s social media feeds, which share images of Hawaii, and an interview with a former vice president of the company telling Hawaii Pacific Business News that the candy sold in Hawaii is produced in Hawaii but candy sold in the continental United States and internationally is produced in Los Angeles. The plaintiffs allege negligent misrepresentation and unjust enrichment as well as violations of California’s, Nevada’s and Colorado’s consumer-protection statutes.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.