Proposed Settlement in ‘Belgium 1926’ Class Action

Godiva Inks $20M Deal To Settle ‘Belgium 1926’ Label Go well with 

  • As beforehand coated on this blog, a category motion lawsuit towards Godiva Chocolatier alleges that the declare ‘Belgium 1926’ on Godiva’s merchandise bought in the U.S. is deceptive as a result of it implies that the chocolate is made in Europe when it’s really made in Pennsylvania and is a distinct high quality than chocolate made in Belgium.  On Might 29, 2020, the U.S. District Courtroom for the Southern District of New York denied an injunction but additionally refused to dismiss the case, rejecting Godiva’s argument {that a} cheap shopper will surely notice that the disputed declare solely implies that the corporate was based in Belgium in 1926.

  • On October 12, 2021, following greater than a 12 months of settlement negotiations by way of mediation, the plaintiffs requested the court docket to approve a settlement in which Godiva has agreed to pay as much as $15 million for claims by an estimated 18 million shoppers nationwide and $5 million to cowl legal professional charges and different prices.  Customers who submit declare kinds could be eligible to obtain $1.25 per product, as much as a complete of $25 per family with proof of buy or $15 with out proof.  Whereas stating {that a} settlement is in the corporate’s finest curiosity, a spokesperson for Godiva emphasised to Law360 that ‘Belgium 1926’ signifies the place and the 12 months of the corporate’s founding.

  • A separate lawsuit involving related claims was dismissed with consent from the plaintiff by the Superior Courtroom for the District of Columbia on March 18, 2021.  ‘Belgium 1926’ continues to seem on Godiva merchandise on the market in the U.S.

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