In a legal battle that could have significant financial implications, an Ohio-based company is taking action against a New York cookie business and its associates over a failed merger deal. Treat Yourself Brands, LLC (TYB) filed a complaint in the United States District Court for the Northern District of Ohio on January 22, 2026, against The Decorated Cookie Company, LLC (TDCC), doing business as Corso’s Cookies, along with individuals Peter M. Hess, Tina Hess, and Mark DeMuro.
The lawsuit centers around allegations that the defendants reneged on their agreement to share costs associated with a proposed merger between TYB and TDCC. According to the complaint, both parties had been actively pursuing this merger since March 2025. The plan involved engaging an advisory firm to raise capital necessary for the recapitalization of TDCC and merging it into TYB. The plaintiff claims that the defendants promised to jointly bear the expenses related to this transaction but later refused to pay their share after benefiting from the process.
The filing details how TYB was left to shoulder approximately $450,000 in costs for securing baking line assets and other expenses tied to the merger process. It accuses the defendants of making false representations to induce TYB into incurring these costs under false pretenses of cost-sharing. Furthermore, when investment banking firm Artemis Transaction Advisors failed to secure sufficient capital for the merger, TDCC allegedly refused to contribute towards settling fees owed to Artemis despite having agreed they were joint obligations.
Treat Yourself Brands is seeking compensatory damages exceeding $75,000 for breach of contract and promissory estoppel among other claims. They also allege fraud and negligent misrepresentation by the defendants who purportedly misled them about sharing transaction-related expenses. In addition to compensatory damages, TYB seeks punitive damages for what they describe as willful and malicious conduct by TDCC’s principals.
Representing Treat Yourself Brands in this case is attorney Ronald M. McMillan from Calfee, Halter & Griswold LLP based in Cleveland, Ohio. The case has been assigned Case ID 1:26-cv-00169 but no judge has been named yet.
Source: 126cv00169_Treat_Yourself_Brands_LLC_v_The_Decorated_Cookie_Company_LLC_Complaint_Northern_District_Ohio.pdf
