Hershey's Class Action: Candy Wrappers Contain PFAS, Consumers Claim

Case Overview: A class action lawsuit claims Hershey's candy wrappers contain PFAS, also known as "forever chemicals," posing potential health risks to consumers.  

Consumers Affected: Consumers who purchased Hershey's chocolate products.

Court: U.S. District Court for the Middle District of Pennsylvania

The Hershey Company is facing allegations of using packaging materials containing harmful “forever chemicals,” known as PFAS, in its popular chocolate products. A lawsuit filed by Bernadette Beekman in a Pennsylvania federal court claims Hershey failed to inform consumers about the potential presence of these substances in its candy wrappers.

Hershey's Candy Wrappers Contain PFAS, Lawsuit Claims

PFAS, or per- and polyfluoroalkyl substances, are synthetic chemicals that resist decomposition and have been linked to health risks such as cancer and hormone disruption. According to the complaint, independent testing detected high levels of PFAS in the packaging of several Hershey products, including Reese’s Peanut Butter Cups, Hershey’s Milk Chocolate Bars, Hershey’s Kisses, and Kit Kat Bars.

The lawsuit alleges that these chemicals can transfer from the packaging to the food, creating potential risks for consumers. Beekman claims Hershey did not disclose this issue despite promoting its products as safe and of high quality.

Consumers Misled by Hershey's Packaging Claims

Beekman’s complaint states that Hershey’s marketing promises of transparency and sustainability contradict the alleged use of PFAS-containing materials. Hershey’s public statements about meeting high safety and sustainability standards were referenced in the lawsuit as misleading to customers.

The lawsuit notes, “Reasonable consumers do not expect that everyday food products will be contaminated or carry a material risk of contamination from PFAS.” Beekman asserts that she would not have purchased or paid a premium price for these products had she known about the alleged risks associated with the wrappers.

Hershey Faces Other Lawsuits Over Product Safety and Advertising

This is not the first time Hershey has faced allegations related to PFAS in its packaging. In November 2023, a separate lawsuit in California accused Hershey of using PFAS in its Bubble Yum gum wrappers. That case claimed the company misled consumers about the potential risks associated with the packaging materials.

Hershey has also been sued for unrelated claims. Another lawsuit alleged misleading advertising of Reese’s Peanut Butter Pumpkins, which were marketed as festive shapes but reportedly lacked the detailed designs shown in promotional materials.

In the Hershey chocolate PFAs contamination class action lawsuit, Beekman is seeking to represent a class of consumers who purchased the named products. The lawsuit alleges violations of New York General Business laws and unjust enrichment, requesting damages, legal fees, and a jury trial. 

Case Details

• Lawsuit: Bernadette Beekman v. The Hershey Company
• Case Number: 1:24-cv-02234-CCC
• Court: U.S. District Court for the Middle District of Pennsylvania

Plaintiffs' Attorneys

• Patrick Howard (Saltz, Mongeluzzi, & Bendesky P.C.)
• Catherine K. Smith and Shashi K. Gowda (Gustafson Gluek PLLC)
• Janine L. Pollack, Lori G. Feldman, Rebecca A. Peterson, David J. George and Brittany L. Sackrin (George Feldman Mcdonald PLLC)
• Timothy J. Peter (Faruqi & Faruqi LLP)

Do you buy Hershey's chocolate products? What are your thoughts on this lawsuit? Share your opinion in the comments below.