This Lawsuit Is Like a Box of Chocolates ... With One Missing
A lawsuit filed Thursday claims the iconic Bay Area chocolatier's individually-wrapped, single-serving chocolate squares routinely contain fewer pieces than advertised.
October 13, 2017 at 02:07 PM
2 minute read
San Diego County resident Joseph Brungard is bitter with Ghirardelli Chocolate Co.
Brungard sued the iconic Bay Area chocolatier Thursday claiming that packages of Ghirardelli's individually-wrapped, single-serving chocolate squares routinely contain fewer pieces than advertised. “Ghirardelli enjoys revenues of up to $500 million annually—likely in part from the money it saves by omitting chocolates from its packages,” wrote Brungard's lawyer, Craig Nicholas of Nicholas & Tomasevic.
Nicholas opened the complaint with famous line from Forest Gump's mother about a life being like a box of chocolates: “You never know what you're going to get.”
“With Ghirardelli, this could not be truer,” Nicholas wrote.
According to the complaint, Brungard has bought Ghirardelli's chocolate squares for years, which come in flavors such as milk chocolate caramel, dark chocolate sea salt, and intense dark chocolate 86 percent cacao. But after he noticed several bags he purchased contained one fewer square than listed on the packaging, he reached out to the company by telephone.
Brungard claims that he was unsatisfied when told by a company representative that the package listings weren't problematic since they were based on weight rather than servings per container. He says he was told a manager would reach out to him to discuss his concerns, but that never happened.
“Based on defendant's misrepresentations, plaintiff purchased multiple packages of Defendant's chocolate squares, only to discover that the true count repeatedly differed and was one chocolate square short of the number stated on the exterior of the package,” wrote Nicholas in Thursday's complaint. “Plaintiff would not have made his purchase but for these misrepresentations.”
The lawsuit seeks to certify both a nationwide class and California subclass to pursue claims under consumer protection laws. Neither Nicholas nor company representatives responded to requests for comment Friday.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Transforming Children Into ATMs'?: Roblox, Epic Games Sued for Allegedly Fueling Addictive Behavior in Minors
Amazon's Audible Hit With Privacy Class Action Over Use of Tracking Pixels
SAG-AFTRA Union Health Plan Slammed With Data Breach Class Actions in Wake of Phishing Attack
Justices to Decide if Fuel Industry Can Sue Over California’s EV Rules
Trending Stories
- 12025 Starting Line-Up: Meet Georgia's Newest Magistrate Court Judges
- 2Delaware Supreme Court Upholds Court of Chancery’s Refusal to Blue Pencil an Unreasonable Covenant Not to Compete
- 3‘It's Your Funeral’: Avoiding Doing Damage to Your Client’s Case With Uncivil Behavior
- 4'Never Been More Dynamic': Big Law Leaders Reflect on 2024 and Expectations Next Year
- 5Pa. 100: Law Schools
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250