Class Action Claims Drizzilicious Products Misrepresented as Containing Real White Chocolate

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Snack Innovations, Inc. is at the center of a proposed class action lawsuit in which a woman claims the company’s “Drizzilicious”-brand products are mislabeled as containing white chocolate when the crisps actually use “only imitation flavoring.”

The lawsuit alleges the products, specifically Drizzilicious Cinnamon Swirl and Drizzilicious Birthday Cake flavors, display on their packaging references that falsely imply the snacks are made with real white chocolate. According to the case, the defendant’s respective representations of the products as “cinnamon crisps drizzled with white chocolate” and “mini rice cakes with white chocolaty drizzle” are deceptive in that the snacks do not contain the ingredients that consumers expect to be included in real white chocolate.

The FDA, the case alleges, specifies that white chocolate, in order to be sold as such, must contain “at least 20% cocoa butter and 3.5% milk fat by weight.” The products at issue in the lawsuit do not contain the required amounts of cocoa butter and milk fat, according to the suit, and instead substitute “cheap confectionary ingredients to imitate the taste of white chocolate.”

The complaint alleges that the presence of cocoa butter and milk fat “is much of what gives white chocolate its value in the eyes of reasonable consumers.”

“Plaintiff and Class members,” the suit goes on, “were thus injured when they paid the full price of the Product and received inferior Products than what was represented to them by Defendant.”