Nuts ‘N More White Chocolate Peanut Spread Contains No White Chocolate, Class Action Claims

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A proposed class action out of New York federal court alleges that Nuts ‘N More White Chocolate Peanut Spread contains “inferior confectionary ingredients that are not white chocolate at all.” The 23-page case against Nuts ‘N More LLC argues that consumers were misled into buying a product with “significantly less value than was warranted by its representations.”

Under FDA regulations, the suit explains, white chocolate should consist only of cocoa butter, sweetener and dairy—including at least 3.5 percent milk fat. The complaint says the defendant’s product should have been advertised as imitation white chocolate as it consists of non-fat dry milk, which only contains 1.5 percent milk fat or less.

“Because there is no additional milkfat to supplement the Product to meet FDA definition of white chocolate,” the case reads, “the Product cannot be marketed as white chocolate and thus must be deemed imitation white chocolate.”