Consumers Challenge White-Chocolate Content in Clif Bars

Two consumers have filed a putative class action alleging Clif Bar & Co. misleads consumers because its bars do not contain “real white chocolate.” Joslin v. Clif Bar & Co., No. 18-4941 (N.D. Cal., San Francisco Div., filed August 14, 2018). According to the complaint, “U.S., Canadian, and European regulators all define white chocolate as having at least 3.5% milkfat” while Clif’s White Chocolate Macadamia Nut bars do not contain any milkfat. The plaintiffs assert that they relied upon the U.S. Food and Drug Administration’s “rules concerning white chocolate” when purchasing the bars but allegedly learned after purchasing that the bars are “misbranded” because the labels do not clarify that the white chocolate is “imitation.” The plaintiffs seek class certification, damages, restitution, an injunction and attorney’s fees for alleged violations of California and New York consumer-protection laws as well as fraud.