Back in September, we told you about the court case of King’s Hawaiian sweet rolls, whose packaging and advertising says “Est. 1950” and “Hilo, Hawaii” under the brand name suggesting that it was manufactured in Hawaii when in fact it was made in California. (See original story.) Most readers thought there was no case here.

Now fast forward a few months to a similar suit [see complaint] where consumers are claiming that Godiva is misrepresenting their chocolates as being made in Belgium when in fact they are manufactured in Pennsylvania. They cite as evidence that the phrase “Belgium 1926” is depicted under the brand name on every chocolate package, each one says “Belgian chocolate,” and the term is used on signs on their buildings and is included in advertising.

In court, the company made a motion to have the case dismissed. The judge denied most of their request in his ruling, saying…

*MOUSE PRINT:

Courts apply the “reasonable consumer” standard to determine whether a representation is false or deceptive under each of the relevant New York and California consumer-protection statutes.

Godiva also contends that the word “Belgium” is inextricably linked to the year “1926,” and the latter “cures any likelihood of deception,” in its labeling. It argues that for a consumer to be deceived into thinking “Belgium 1926” represents that the products [were made] in Belgium, the consumer must also believe that the products she is purchasing were made almost one-hundred years ago -— a clearly unreasonable belief. This argument, however, is too clever by half.

A consumer could reasonably believe that Godiva was founded in Belgium in 1926, as Godiva contends, and that the representation on its products of this heritage means that its products continue to be manufactured in that location.

With that, the judge allowed the case to move forward.

So what do you think? Do the consumers have a good case this time?