Hesse et al. v. Godiva Chocolatiers, Inc. et al.

Faruqi & Faruqi, LLP is suing Godiva Chocolatier, Inc. for deceptively advertising its chocolate products as products of Belgium when they are made in the United States. The case has been brought on behalf of a proposed class of consumers who purchased any Godiva chocolates bearing a “Belgium 1926” representation on the label within the relevant statute of limitations period.

At all relevant times, Godiva has prominently displayed the “Belgium 1926” representation on the front packaging of certain Godiva Chocolates, representing that the chocolates are made in Belgium. Godiva intentionally plays on the false impression that the Godiva Chocolates are made in Belgium and then imported to the United States, in order to enhance the image of Godiva Chocolates as luxury chocolates. However, unbeknownst to consumers, the Godiva Chocolates are not made in Belgium as represented. Rather, all of the Godiva Chocolates are made in Reading, Pennsylvania.

Plaintiffs, on behalf of themselves and other consumers, are seeking damages, restitution, declaratory and injunctive relief, and all other remedies the Court deems appropriate.

The case is pending before the Honorable Alison J. Nathan of the Southern District of New York. On March 5, 2019, plaintiffs filed an amended complaint, adding plaintiff Adam Buxbaum’s claims. The case is currently pending a decision on the defendant’s motion to dismiss.

The case is captioned Hesse et al. v. Godiva Chocolatiers et al., 1:19-cv-00972-AJN (S.D.N.Y.). The case was filed on January 31, 2019.