Hershey class action alleges company falsely advertises its organic, plant-based chocolate

Hershey organic chocolate class action overview: 

• Who: The Hershey Company is facing a class action lawsuit related to its organic, plant-based chocolate. 
• Why: Hershey falsely claims its chocolate is ethically sourced and sustainable when it is not, the Hershey class action alleges.
• Where: The Hershey class action was filed in federal court in Illinois.
• UPDATE: The case was voluntarily dismissed on Sept 13, 2024.  

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

The Hershey organic chocolate includes 68% sourcing visibility — meaning just over two thirds comes from known farmers and farmer groups, the Hershey class action says.

“The simple fact is that Hershey does not know whether 32 percent of its cocoa volume is sustainable—or not,” the Hershey plant-based chocolate lawsuit says. “Without the ability to trace 100 percent of its cocoa, Hershey cannot substantiate its claims that the cocoa used in its Products is 100 percent sustainable and thus, the statement in Hershey’s consumer marketing materials is false.”

About 1.56 million children work on cocoa farms in Côte d’Ivoire and Ghana, the source of roughly two-thirds of the world’s cocoa supply, a report from the U.S. Department of Labor says. The work is considered one of the “worst forms of child labor,” according to the lawsuit.

Children as young as 10 are used for “arduous manual labor” on the farms, according to the Department of Labor report.

Rainforest Alliance seal doesn’t assure ethical sourcing, lawsuit claims

Hershey claims that the cocoa in its organic, plant-based chocolate is 100% independently verified by the Rainforest Alliance, and includes the alliance’s seal on its organic chocolate packaging, the Hershey class action says.

However, the Rainforest Alliance uses an “assess and address” approach which “allows farms with instances of child labor, forced labor and/or other unethical labor abuses to remain certified, with only a technical obligation to ‘remediate,’” the Hershey plant-based chocolate lawsuit says.

Hershey is also facing another class action lawsuit claiming the company advertises artistic carvings, such as pumpkins and footballs, on its Reese’s candy products that do not actually exist.

Have you purchased Hershey’s organic plant-based chocolate? Let us know in the comments.

The plaintiff is represented by Kim E. Richman of Richman Law and Policy, as well as Christopher J. Esbrook, Marie Plecha and América Guzmán of Esbrook P.C.

The Hershey organic chocolate class action lawsuit is Yeh v. The Hershey Company, et al., Case No. 1:24-cv-00453, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

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