Hershey’s sued over White Reese’s Peanut Butter Cups

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NEW YORK (WHTM) – A class action lawsuit says The Hershey Company misleads customers into thinking Reese’s White Peanut Butter Cups contain white chocolate.

The lawsuit filed by Curtis Winston and a “Jane Doe,” filed in the U.S. Eastern District Court of New York, says the candy contains a cheaper imitation ingredient.

The peanut butter cups “do not contain white chocolate because the ingredient list reveals the absence of cocoa butter,” the lawsuit states.

The candy is simply labeled as “white.” Nowhere does the packaging state that the product is made with white chocolate.

The plaintiffs argue that people can’t tell the difference between white chocolate and “cheaper substitutes like compound or confectionary coating made from vegetable oils” when the term “white” is applied to a product traditionally associated with chocolate.

Hershey’s, the lawsuit states, has taken steps for “consumers to mistakenly believe the products contain white chocolate and has intentionally failed to correct the misimpressions.”

Hershey’s has not commented on the lawsuit.

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