Hershey class action claims candy wrappers contain PFAS

Hershey PFAS class action overview:

• Who: A New York woman is suing The Hershey Co.
• Why: The plaintiff claims the company has harmful chemicals in some of its chocolate wrappers.
• Where: The Hershey class action was filed in a Pennsylvania federal court.

The Hershey Co. has been hit with a class action lawsuit alleging that the packaging for several of its popular chocolate products contains harmful “forever chemicals,” known as PFAS. 

The lawsuit claims the iconic candy maker failed to disclose the presence of these chemicals in its wrappers, despite marketing its products as high-quality and safe.

Plaintiff Bernadette Beekman filed the class action complaint against The Hershey Co. on Dec. 24 in a Pennsylvania federal court, alleging violations of state and federal consumer laws. 

PFAS, or per- and polyfluoroalkyl substances, are synthetic compounds resistant to decomposition and linked to serious health risks, including cancer and hormone disruption, the lawsuit says. 

Studies have shown that PFAS can transfer from food packaging to the food itself, Beekman’s lawsuit says. 

Reese’s Peanut Butter Cups could have contaminated packaging, lawsuit claims

The Hershey PFAS lawsuit points out Hershey’s own public commitments to food safety, including claims that its products meet “the highest quality, safety, and sustainability standards.” 

However, independent tests cited in the suit reportedly found “high levels of banned PFAS” in Hershey’s packaging, Beekman’s lawsuit says.

“Reasonable consumers do not expect that everyday food products will be contaminated or carry a material risk of contamination from PFAS,” the complaint says, highlighting that several states have banned PFAS in food packaging due to health concerns.

Products named in the Hershey PFAS lawsuit include Hershey’s Milk Chocolate Bars, Reese’s Peanut Butter Cups, Hershey’s Kisses, and Kit Kat Bars, among others.

Beekman alleges she would not have purchased or paid premium prices for these items had she known about the potential contamination.

“Hershey represents to consumers its dedication to transparency and that it ‘supports consumers’ right to know what is in their food,’ yet it fails to disclose the risk of PFAS contamination in its products,” the lawsuit says. 

As a result, Beekman is looking to represent anyone who purchased one of the candies named in the lawsuit. She is suing for violations of New York General Business laws and unjust enrichment, and is seeking certification of the class action, damages, fees, costs and a jury trial. 

In November, Hershey’s was hit with a class action lawsuit alleging its candy wrappers contain harmful “forever chemicals.”

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

The plaintiff is represented by Patrick Howard of Saltz, Mongeluzzi, & Bendesky P.C.; Catherine K. Smith and Shashi K. Gowda of Gustafson Gluek PLLC; Janine L. Pollack, Lori G. Feldman, Rebecca A. Peterson, David J. George and Brittany L. Sackrin of George Feldman Mcdonald PLLC and Timothy J. Peter of Faruqi & Faruqi LLP.

The Hershey class action is Bernadette Beekman v. The Hershey Company, Case No.  1:24-cv-02234-CCC  in the U.S. District Court for the Middle District of Pennsylvania.

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