Nestle Toll House Premier White Chocolate Morsels

July 2020: Plaintiffs amended their complaint to allege that the marketing for Nestle Toll House Premier White Morsels deceives reasonable consumers by making them believe that the product is white chocolate when it actually does not contain any white chocolate.

June 2020: A federal judge dismissed the case without prejudice concluding, among other things, that reasonable consumers would not believe that the product contains white chocolate simply because the word “white” is in the name.

January 2020: Plaintiffs filed an amended complaint similarly alleging that Nestle Toll House Premier White Chocolate Morsels are misleadingly marketed as white chocolate when, according to the complaint, the product does not contain any chocolate or cocoa ingredients at all.

November 2019: This case was transferred from state court to federal court. (Case No. 19-cv-7471, N.D. Cal.)

September 2019: A class-action lawsuit was filed against Nestle for allegedly falsely marketing that Nestle Toll House Premier White Chocolate Morsels are white chocolate when, according to plaintiffs, the product does not contain any white chocolate at all. (Prescott et al v. Nestle USA, Inc., Case No. 19-cv-2857, California State Court – Santa Cruz)

For more of TINA.org’s coverage of the marketing of white chocolate products, click here.

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When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

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