Hershey Beats Kit Kat Suit Because No One Could Eat 37,688

Law360 (July 27, 2020, 10:40 PM EDT) -- A New York federal judge has tossed a lawsuit accusing Hershey's of misleading consumers into thinking Kit Kat White bars contain white chocolate, finding Monday that since the plaintiff dropped class claims, she would need to have bought 37,688 bars to establish sufficient damages to pursue state law claims in federal court.

U.S. District Judge Kiyo A. Matsumoto dismissed Eva Rivas' suit against The Hershey Co. in its entirety and with prejudice, saying that assuming Rivas' claim she overpaid $1.99 per Kit Kat bar, she would have had to purchase 37,688 Kit Kat White bars to generate the $75,000 in damages...

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