The producers of Hawaiian Host chocolate-covered macadamia nuts were hit Tuesday with a lawsuit for allegedly using deceptive advertising to suggest that its products originate in the Hawaii Islands rather than in a candy factory in Gardena.
The proposed class-action complaint for alleged deceptive trade practices contends that plaintiffs “reasonably believed” that Hawaiian Host’s AlohaMacs milk chocolate-coated macadamias and Maui Caramacs caramel candy were “made in Hawaii because `Hawaiian’ is prominently printed on the packaging.”
The plaintiffs also allege that the false impression was reinforced by the packaging’s “references to Hawaiian culture, language and landmarks,” and that their belief that AlohaMacs and Maui Caramacs originated in Hawaii was an “important factor” in their decision to purchase the products from Cost Plus World Market in Brea and an ABC Stores branch in Los Angeles, among other places.
A message left with Hawaiian Host seeking comment was not immediately returned.
The plaintiffs — Alison Toy of Yorba Linda and Andrea Ward of Denver — also contend that their misconception was bolstered by a Honolulu address on the company’s products and statements on the packaging that the candy is “Hawaii’s gift to the world” and was “made with aloha.”
The lawsuit alleges that Hawaiian Host owns and operates a large chocolate-making factory in Gardena that produces the varieties of candy it sells to consumers who live outside of Hawaii.
Toy and Ward would have paid “significantly less” for the candy, or would not have purchased it at all, had they known it was manufactured in Gardena, rather than Hawaii, according to their complaint.
“The overall brand image of Hawaiian Host products revolves around their purported Hawaiian origin,” the lawsuit says. “In order to create the impression that Hawaiian Host products are made in Hawaii, and thereby maximize profits, defendant makes express references to Hawaii and depicts images of Hawaiian landmarks, traditions, history and culture on the packaging of Hawaiian Host products.”
In short, the lawsuit alleges, the company “intentionally misleads consumers into believing that Hawaiian Host products are made in Hawaii” — s a “false and misleading” representation.
The lawsuit seeks punitive, compensatory, and treble damages, and requests a jury trial.