Salazar

I.

INTRODUCTION

After David Salazar bought Target Corporation’s White Baking Morsels

incorrectly thinking they contained white chocolate, he filed this class action against

Target for false advertising under various consumer protection statutes. The trial court

1 sustained Target’s demurrers without leave to amend, finding as a matter of law that no

reasonable consumer would believe Target’s White Baking Morsels contain white

chocolate. We disagree, in large part because the White Baking Morsels’ price tag

describes them as “WHT CHOCO,” which could lead a reasonable consumer to

reasonably believe that they contain white chocolate. We therefore reverse.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Salazar went to Target to buy white chocolate chips. He bought some Market

Pantry (Target’s store-brand name) White Baking Morsels,

which come in bags like this:

They are sold at Target on a shelf like this:

The morsels are sold next to other chocolate chip products that contain

milk chocolate or semi-sweet chocolate.

Salazar thought the White Baking Morsels contain white chocolate because (1)

their label describes them as “white,” (2) their price tag says,…