On September 15, 2022, the Court of Appeal of California, Fourth Appellate District reversed the lower court and revived false advertising claims involving “white baking” chips or morsels.
Both cases involve the same plaintiff, David Salazar, and similar “white baking” products, which did not contain white chocolate. The Target product at issue was “White Baking Morsels,” and Walmart’s product was “Great Value White Baking Chips.” In both complaints, Plaintiff Salazar supported his position by a survey indicating that 88% of consumers incorrectly believed that these products contained white chocolate. Additionally, both products were sold next to chocolate chip products containing milk chocolate or semi-sweet chocolate.
Salazar’s complaints stated that he “thought the White Baking Chips contain white chocolate because (1) their label describes them as “white,” (2) their label depicts the product, which look like white chocolate chips, and (3) the product is sold next to other chocolate products.” Salazar v. Walmart, Inc. (Sep. 19, 2022, No. E076006). In addition to those factors, the Target White Baking Morsels product had a price tag which says “MP WHT CHCO.”
In analyzing both cases, the court held (and both parties agreed) that Salazar’s claims were governed by the “reasonable consumer” test, which asks whether a reasonable consumer would likely be deceived into incorrectly believing that the products contained real white chocolate.
The court cited case law that “...
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