GHIRARDELLI CHOCOLATE: Products Have No Chocolate, Suit Claims

Food and Beverage Labeling

Class Action Reporter
Nov 02, 2012

Scott Miller, an individual, on behalf of himself, the general public and those similarly situated v. Ghirardelli Chocolate Company; and Does 1 through 50, Case No. CGC-12-523375 (Calif. Super. Ct., San Francisco Cty., August 17, 2012) is brought against the Defendants for their alleged violations of the California Consumer Legal Remedies Act, for false advertising, unfair trade practices, fraud, deceit and misrepresentation.

The Defendants deceptively informed and led their customers to believe that they were purchasing, for a premium price, products containing white chocolate, while failing to adequately disclose that the products contain no white chocolate, or chocolate of any kind, Mr. Miller alleges. He asserts that the Defendants obtained substantial profits from these deceptive sales.

Mr. Miller is a resident of Auburndale, Florida. He purchased a bag of Ghirardelli(R) Chocolate Premium Baking Chips - Classic White.

Ghirardelli is a California corporation headquartered in San Leandro, California. Ghirardelli is a wholly owned subsidiary of Lindt & Sprungli AG. The true names and capacities of the Doe Defendants are unknown to Plaintiff.

The Company removed the lawsuit on September 21, 2012, from the Superior Court of the state of California, County of San Francisco, to the United States District Court for the Northern District of California. Ghirardelli argues that the removal is proper because the amount in controversy exceeds $5 million, exclusive of interests and costs. The District Court Clerk assigned Case No. 3:12-cv-04936 to the proceeding.

The Plaintiff is represented by:

Adam J. Gutride, Esq. Seth A. Safier, Esq. Anthony J. Patek, Esq. Kristen G. Simplicio, Esq. GUTRIDE SAFIER LLP 835 Douglass Street San Francisco, CA 94114 Telephone: (415) 271-6469 Facsimile: (415) 449-6469 E-mail: adam@gutridesafier.com seth@gutridesafier.com anthony@gutridesafier.com kristen@gutridesafier.com

The Defendants are represented by: Thomas B. Mayhew, Esq. Deborah K. Barron, Esq. Benjamin J. Sitter, Esq. FARELLA BRAUN + MARTEL LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: (415) 954-4400 Facsimile: (415) 954-4480 E-mail: tmayhew@fbm.com dbarron@fbm.com bsitter@fbm.com

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