Facts

Leon Khasin, individually and on behalf of all others similarly situated sued The Hershey Company relating to the labeling of certain of Hershey's products.

PLAINTIFF'S CONTENTIONS:
Khasin contended that since 2008 he purchased more than $25 worth of Hershey products, including various chocolates. He alleged that the products were improperly labeled, amounting to misbranding and deception. Among the alleged misrepresentations were claims that certain products were a "natural source of flavanol antioxidants." He sued Hershey Co., alleging violations of U.S. Food and Drug Administration regulations and California law.

DEFENDANT'S CONTENTIONS:
Hershey contended that Khasin could not prove his claims and argued it was entitled to summary judgment.

Result

The court found that Khasin failed to prove deception under California's unfair competition law. It granted Hershey's motion for summary judgment and denied Khasin's motion for partial summary judgment.

Other Information

FILING DATE: April 13, 2012.