Following a settlement with California district attorneys making similar allegations, Russell Stover and Ghirardelli Chocolates have been targeted in a New York putative class action alleging the companies’ chocolate packages are “predominantly empty” “through the large void spaces which comprise most of the packaging interior around the actual few items contained therein.” Faison v. Russell Stover Chocolates LLC, No. 19-0721 (E.D.N.Y., filed February 5, 2019). The complaint asserts that consumers cannot see the chocolates in the opaque packaging, “causing them to believe the chocolate contents filled all, most, or more of the packaging than they actually did.” The plaintiff seeks class certification, injunctive relief, damages and attorney’s fees for allegations of unjust enrichment, fraud, negligent misrepresentation, breach of warranties and violations of New York’s consumer-protection statutes.

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