From Foster v. Nestle USA, Inc., decided Tuesday by Judge Steven Seeger (N.D. Ill.):
Stephanie Foster has a sweet tooth, and she wanted to sink her teeth into a mouthful of chocolate. By the sound of things, Foster is a foodie. She didn't want just any chocolate. She wanted 100% real chocolate.
Foster went shopping at nearby Target and Jewel Osco stores, searching for the best that the cacao bean had to offer. She bought several bags of chocolate chips manufactured by Nestle USA, Inc…. Each bag had a label promising any hungry consumer that the bag contained "100% real chocolate." …
Foster apparently was none too pleased when she realized that the chocolate chips contained soy lecithin and natural flavors. As Foster sees things, chocolate that contains soy lecithin and natural flavors isn't "100% real chocolate." In fact, it's not chocolate at all. So Foster brought Nestle to federal court. She sues on behalf of herself and a putative class [on various misrepresentation-related theories].
For the reasons below, the motion to dismiss is granted. The complaint is half-baked, and is 100% dismissed….
