Hershey class action alleges false claims about stevia in Lily’s chocolate products

Hershey Lily’s chocolate stevia class action lawsuit overview: 

• Who: Plaintiffs Nicole Loza, Kimberly Hall and Nicole Rivera filed a class action lawsuit against The Hershey Company. 
• Why: Loza, Hall and Rivera argue Hershey misleadingly represents that its Lily’s chocolate products are primarily sweetened with stevia, when, in reality, they are primarily and predominantly sweetened with erythritol. 
• Where: The Hershey class action lawsuit was filed in California federal court. 

Hershey misleadingly represents that its Lily’s chocolate products are primarily sweetened with stevia, a new class action lawsuit alleges. 

Plaintiffs Nicole Loza, Kimberly Hall and Nicole Rivera’s class action lawsuit claims Hershey’s Lily’s chocolate products — labeled “Stevia Sweetened” — are, in reality, “predominantly and primarily” sweetened with the “highly processed sugar alcohol” erythritol. 

“Defendant’s labeling of the Lily’s chocolates as ‘Stevia Sweetened’ is designed to – and does – deceive, mislead, and defraud consumers like Plaintiffs,” the Hershey class action states. 

Loza, Hall and Rivera want to represent a nationwide class and California subclass of consumers who have purchased Hershey’s Lily’s chocolate products since March 8, 2020, and the present. 

Hershey misleads consumers, Lily’s chocolate stevia class action claims

Loza, Hall and Rivera argue consumers may seek out products they believe are sweetened with stevia since it is a “natural plant-based sweetener” that has “understood health benefits” and is preferred over “alternative sweeteners that present health risks.” 

Erythritol, meanwhile, has been shown in recent studies to be “disruptive to gut health” as well as linked to “increased risk of heart attack and stroke,” the Hershey class action alleges. 

“Consumers reasonably understand (and believe) that products marketed as ‘Stevia Sweetened’ obtain their sweet taste from Stevia, not some other sweetener, let alone an artificial, harmful sweetener,” the Hershey class action states. 

Loza, Hall and Rivera claim Hershey is guilty of unjust enrichment and common law fraud, deceit and/or misrepresentation and of violating California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act. 

The three plaintiffs demand a jury trial and request declaratory and injunctive relief along with an award of compensatory, statutory, punitive and treble damages for themselves and all class members. 

A consumer filed a similar class action lawsuit against Hershey earlier this year over claims the company falsely advertises that its organic, plant-based chocolate is ethically and sustainably sourced. 

Have you purchased Hershey’s Lily’s chocolate products? Let us know in the comments.

The plaintiffs are represented by Seth A. Safier, Marie A. McCrary and Hayley A. Reynolds of Gutride Safier LLP. 

The Hershey Lily’s chocolate class action lawsuit is Loza, et al. v. The Hershey Co., Case No. 3:24-cv-01455, in the U.S. District Court for the Northern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• Cinnamon recalls issued due to elevated lead levels
• Cheerios class action alleges products contain dangerous pesticide levels
• Ritz class action claims product falsely advertises ‘real cheese’
• Snoop Dogg lawsuit claims Post, Walmart prevented sale of Snoop Cereal