Hershey’s Hot Fudge Made With ‘Vegetable Oil, Skim Milk, and Whey,’ Says Class Action Lawsuit

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Hershey’s Hot Fudge Class Action Lawsuit Overview:

• Who: An Illinois resident has lodged a complaint against The Hershey Company.
• Why: The class action lawsuit claims Hershey’s Hot Fudge topping does not contain ingredients consumers expect, instead using cheap substitutes. .
• Where: The class action lawsuit was filed in Illinois federal court.

A class action lawsuit filed in Illinois on Tuesday accuses The Hershey Company of using cheap ingredients consumers would not expect in its Hot Fudge topping, including “lower quality and lower-priced vegetable oil, skim milk, and whey.”

The lead plaintiff, Sandra Lederman, filed the class action lawsuit on behalf of consumers in Illinois, Iowa, and Arkansas who bought Hershey’s Hot Fudge topping. 

Lederman says she bought Hershey’s Hot Fudge more than once and, based on its label, expected it to contain the traditional fudge ingredients, generally known as butter, cream, sugar, and chocolate. 

Instead of butter and whole milk, Hershey’s Hot Fudge contains “lower quality and lower-priced vegetable oil, skim milk, and whey,” says the plaintiff. 

Vegetable oils leave a waxy mouthfeel and “do not contribute to the flavor of fudge, because they are theoretically “‘refined, bleached and deodorized,’” says the class action lawsuit. 

Hershey’s Hot Fudge Ingredients Don’t Make ‘Traditional Fudge’

Due to its misleading labeling, Lederman and the Class paid a premium price, which they would not have done had Hershey’s represented the hot “fudge” topping more honestly, says the class action lawsuit. 

Indeed, hot fudge toppings with dairy fats exist in the marketplace and are “not technologically or otherwise unfeasible to produce,” the Hershey’s lawsuit claims. 

Given its actual ingredients, Hersey’s Hot Fudge topping is worth materially less than what the company sells it for, says the class action lawsuit. Instead, Hershey’s made additional profits off of the higher-priced product. 

Hershey’s could substitute its non-traditional ingredients for cream and butter without affecting the price, says Lederman pointing out the she and other consumers already paid a premium for Hershey’s Hot Fudge topping. 

The class action lawsuit accuses Hershey’s of violating federal and state laws that require a product’s front label to “contain a common or usual name which accurately identifies or describes” the basic nature of the product. 

The class action lawsuit seeks to direct the company to correctly label Hershey’s Hot Fudge topping, award monetary, statutory, and/or punitive damages, and award costs and expenses. 

Have you purchased Hershey’s Hot Fudge? What was your experience with the topping like? Let us know in the comments below!

The plaintiff is represented by Spencer Sheehan for Sheehan & Associates, P.C.

The Hershey’s Hot Fudge Ingredients Class Action Lawsuit is Lederman v. The Hershey Company, Case No. 1:21-cv-04528, in the U.S. District Court for the Northern District of Illinois Eastern Division.

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