Case Details

Year Initiated/Committed


Year Resolved



U.S. District Court for the Eastern District of Pennsylvania

Docket Number


Lead State


Participating States



Russell Stover Candies, Inc.,

Case Description

Pennsylvania Attorney General’s office filed an action on April 15, 1993, in federal court in Philadelphia challenging the acquisition by Russsell Stover of certain Whitman’s Chocolate Division assets, including the Whitman’s trade name, owned by Pet, Inc. Following a two-day hearing, the district court denied the request for a preliminary injunction, but also denied defendants’ motion to dismiss and held that the Attorney General had standing to bring the lawsuit. Following this decision, a settlement was negotiated with both defendants which required Pet, Inc. to help fund job-assistance programs for displaced Whitman workers and required Russell Stover to pay $10,000 to an economic development fund for northeast Philadelphia. The agreement also protected competition in the Pennsylvania candy retailing market by prohibiting Russell Stover, for a two-year period, from cutting off any Pennsylvania retailer for discounting or requiring any Pennsylvania retailer to sell Russell Stover or Whitman’s products to the exclusion of competing manufacturers. Finally, the agreement called for Russell Stover to study adding new jobs at its candy distribution center in Allentown and at new retail stores in Philadelphia, with former Whitman’s workers getting hiring preference.