Class Action Claims Kilwins Misstated Candy Products’ Servings, Calorie Content

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A proposed class action claims Kilwins Quality Confections, Inc. has misstated the number of servings in and caloric content of its candy and chocolate products.

The 36-page case out of Illinois claims Kilwins’ products, including its Caramel Topping, Sea-Salt Caramel Topping, Fudge Topping and Classic Shredded Chocolate, have been mislabeled and misbranded to “materially overstate” how much of each item is included in the containers while understating how many calories one serving provides.

According to the suit, while Kilwins “quietly” corrected its labeling recently, it has failed to compensate consumers who overpaid for its products within the past three to five years.

The lawsuit alleges violations of consumer protection and food labeling laws in the states in which the defendant does business, which include 26 states and the District of Columbia in which Kilwins franchisees are located and all 50 states where its products are available from kilwins.com.

The case claims that while Kilwins’ Caramel Topping and Sea-Salt Caramel Topping products state that each container provides 20 servings of two tablespoons each and 110 calories per serving, the products actually contain only 16 two-tablespoon servings with 140 calories per serving.

Per the case, the Fudge Topping label previously listed the same number of servings and calories as the other two products but has been recently corrected and currently states that each glass container will provide 16 two-tablespoon servings of 140 calories each. The plaintiff suspects that the Fudge Topping, Single Dominican Republic Fudge Topping and Peruvian Chocolate Fudge Topping products had also been mislabeled before being corrected by Kilwins.

The suit goes on to allege that Kilwins’ Classic Shredded Chocolate product label states that each container will provide five cups of shredded chocolate and that each quarter-cup or four-tablespoon serving is 170 calories. In truth, the case alleges, there are only 4.3125 cups in each container of shredded chocolate and a three-tablespoon serving has 150 calories.

“Thus, inter alia, the volume of the ‘Classic Shredded Chocolate’ in the paper container is over-stated in excess of fifteen percent (15%), and the caloric content is materially understated,” the complaint states.

The case alleges that the Single Origin Peruvian Shredded Drinking Chocolate and Dominican Shredded Drinking Chocolate products had been similarly mislabeled before being corrected by Kilwins.

Kilwins’ mislabeling practices have caused consumers to overpay millions of dollars for the company’s products, the suit charges. As the complaint tells it:

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