Hershey's Class Action: Bubble Yum Contains PFAS

Case Overview: A class action lawsuit claims Hershey's Bubble Yum gum contains PFAS and that the company misled consumers about the potential health risks.

Consumers Affected: Consumers in California who purchased Hershey's Bubble Yum gum.

Court: U.S. Superior Court of the State of California, County of Los Angeles

Hershey’s deceptively markets its Bubble Yum Original Flavor bubble gum and potentially endangers consumer health by failing to disclose the presence of organic fluorine, a marker of PFAS, a new lawsuit alleges. 

According to the lawsuit, Hershey’s false marketing as a “high quality” and “sustainable” brand misleads consumers into buying the gum and other products that they might otherwise avoid, if they knew the truth about the ingredients.

Consumer Claims Deception by Hershey's

Los Angeles county-resident Abraham Mohamed, a long-time consumer of the product, filed the proposed class action lawsuit against the confectionary giant alleging that, as someone who used the gum daily for years, he relied on Hershey’s marketing, which promotes the brand as transparent about its ingredients and committed to quality. 

When he discovered that the gum contained organic fluorine, a substance associated with harmful PFAS chemicals, he commissioned independent testing that confirmed its presence. Mohamed argues that had he known about these chemicals, he would not have bought the gum and feels financially injured by Hershey’s alleged omission.

Organic Fluorine and PFAS Chemicals

Fluorine is a chemical element known for its high reactivity and is used in many products, from industrial chemicals to dental applications. When fluorine is present in a product, it often signals the potential presence of PFAS, short for perfluoroalkyl and polyfluoroalkyl substances. 

These “forever chemicals” are highly resistant to degradation, meaning they accumulate in both the human body and the environment. Known for their durability, PFAS compounds are common in various products, including non-stick cookware and water-repellent fabrics.

Health Risks of PFAS in Consumer Products

The lawsuit highlights health concerns associated with PFAS exposure. According to the CDC and other health agencies, these chemicals have been linked to cancer, hormone disruption, liver damage, thyroid disease, and other severe health issues. 

PFAS compounds are particularly concerning in food products consumed by children, like bubble gum, due to their cumulative effect on human health over time. Despite California Health & Safety Code allowances for certain levels of organic fluorine, PFAS are generally considered harmful, and their presence in consumer goods has sparked legal challenges across industries.

Lawsuits Target Companies Over PFAS in Products

Hershey’s lawsuit is one of many recent cases brought against companies accused of including PFAS in their products without disclosure. Health-Ade recently faced a similar class action for alleged PFAS content in its kombucha, which was eventually settled. 

Band-Aid manufacturer Kenvue and Johnson & Johnson are also being sued for PFAS in their bandages, and Newell Brands, which makes Nuk baby bottles, faces a lawsuit over claims of microplastics. 

In the Hershey's Bubble Yum PFAs class action lawsuit, Mohamed is suing Hershey’s on behalf of California consumers for alleged violation of the state’s consumer laws. He is seeking injunctive relief, damages, and fees and costs. 

Case Details

• Lawsuit: Mohamed v. The Hershey Company
• Case Number: 24STCV27893
• Court: U.S. Superior Court of the State of California, County of Los Angeles

Plaintiffs' Attorneys

• Paul D. Stevens (Stevens, L.C.)

Do you chew Bubble Yum? What are your thoughts on the lawsuit's claims? Share your opinion in the comments below.