Trick or Treat? Lawsuit Alleges Some Hershey Candy Wrappers Contain PFAS

Just two days before Halloween, The Hershey Co. was hit with a class action lawsuit alleging that the packaging of some of its candies contains unsafe levels of chemicals known as fluorine and/or per- and polyfluoroalkyl substances (PFAS).

The suit claims the products with the allegedly tainted packaging include but are not limited to Hershey Milk Chocolate Bar, Hershey Cookies n’ Cream Bar, Hershey’s Kisses, Reese’s Peanut Butter Cups, Reese’s Pieces, Almond Joy, Mounds, and KitKat Bar.

Pennsylvania-based Hershey has not yet responded to a request for comment.

The class action complaint claims that “independent third-party testing” found that Hershey’s wrappers contain dangerous levels of PFAS, which are known as “forever chemicals.”

The complaint does not identify the source of this product testing. However, a Delaware company called Grizzly Research that conducts research on publicly traded companies for institutional clients issued a report on October 23 with similar claims. Grizzly said it commissioned four test labs in the U.S., Germany, and China with different testing methods to test Hershey’s best-selling chocolate candy products against competitors’ best-selling plastic-wrapped products in the U.S. by Mars, Nestlé, and Ferrero. Grizzly reported that all four labs found heightened traces of PFAS in various Hershey products but none or negligible amounts in products by Mars and Nestlé.

PFAS are considered harmful to the environment and humans. The Federal Food and Drug Administration (FDA) does not allow the intended use of PFAS in food packaging, according to the lawsuit filed in federal court in Pennsylvania. The suit claims “Hershey is undoubtably aware of the seriousness of PFAS.”

The complaint maintains that Hershey touts the quality and safety of its products, including the wrappers. It alleges that “Hershey’s representations, warranties, statements, and disclosures are false and misleading” in omitting that the wrappers contain dangerous levels of PFAS and “pose a substantial health risk to unsuspecting consumers.”

The lead plaintiff is Jonathan Parish, a Louisiana resident who purchased Hershey products this year.

The suit seeks economic damages and injunctive relief on behalf of all persons who paid for Hershey’s products. It alleges breaches of express and implied warranties, fraud, negligent misrepresentation, unjust enrichment, and violations of the Pennsylvania Unfair Trade Practices Act and other states’ consumer protection laws.