Hershey class action alleges wrappers contain PFAS

Hershey PFAS class action overview: 

• Who: A candy consumer, plaintiff Jonathan Parish, is suing The Hershey Company.
• Why: Parish claims some of the company’s confectionary products are packaged in wrappers containing PFAS.
• Where: The Hershey PFAS class action was filed in a Pennsylvania federal court.

Hershey’s has been hit with a class action lawsuit alleging its candy wrappers contain harmful “forever chemicals.”

Plaintiff Jonathan Parish filed the class action complaint against The Hershey Company on Oct. 29 in a Pennsylvania federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, The Hershey Company is using unsafe packaging in its popular sweets products, including Hershey’s Milk Chocolate Bars and Reese’s Peanut Butter Cups. 

Parish alleges that wrappers used by Hershey contain high levels of per- and polyfluoroalkyl substances (PFAS), which are chemicals known for their stubborn persistence in the environment and potential health risks.

PFAS, often called “forever chemicals” due to their resistance to breaking down, have raised growing health concerns in recent years, the lawsuit says.

It says the chemicals can accumulate over time in both the environment and human bodies, with studies linking PFAS exposure to various health issues, including cancer. 

Hershey’s misled consumers, lawsuit claims

According to Parish, independent tests on Hershey’s wrappers revealed PFAS levels as high as 81.5 mg/kg, exceeding what is considered safe by consumer advocates. 

“Hershey’s representation of its products as safe and high-quality misled consumers,” the Hershey PFAs class action claims, alleging that Hershey has not disclosed the presence of PFAS to customers.

Parish says the U.S. Food and Drug Administration (FDA) banned PFAS in food packaging earlier this year, and several states have implemented their own restrictions on the use of the chemicals in packaging.

He says he wouldn’t have purchased Hershey’s products — or would have reconsidered his purchases — if he had known about the alleged PFAS in the wrappers. He says Hershey’s shouldn’t have marketed its products as “safe and sustainable.”

As a result, Parish is looking to represent anyone in the United States who bought the Hershey’s confectionery wrapped in packaging containing PFAS. He’s suing for violations of consumer laws, breach of warranty, unjust enrichment and negligent misrepresentation. He’s seeking certification of the class action, damages, fees, costs and a jury trial.

In January, Hershey’s was hit with a class action lawsuit claiming that its organic, plant-based chocolate is neither ethically sourced nor sustainable, despite what its packaging claims.

What do you think of the allegations in this Hershey class action? Let us know in the comments.

The plaintiff is represented by Allan Kanner, Conlee S. Whiteley and David J. Stanoch of Kanner & Whiteley L.L.C. and Andrew Bizer of Bizer & DeReus.

The Hershey PFAS class action is Jonathan Parish v. The Hershey Company, Case No. 1:24-cv-01868-CCC in the U.S. District Court for the Middle District of Pennsylvania.

Read About More Class Action Lawsuits & Class Action Settlements:

• Bubble Yum class action alleges bubblegum contains forever chemicals
• Mass. residents file class action alleging water contaminated with PFAS
• Settlement reached in Health-Ade PFAS class action
• Revised class action says all Simply Orange juice products contain PFAS