Hershey’s Class Action Says Classic Bags of Kisses Come Up Short

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A class action lawsuit claims The Hershey Company has been underfilling bags of Hershey’s Kisses, short-changing consumers in the process.

Plaintiff Christopher Huppert claims Hershey’s “Classic Bag” of certain varieties of Hershey’s Kisses don’t contain the full 12 ounces of product that’s advertised on the front of the bag.

These allegedly underfilled bags put defendant Hershey on the hook for violations of New York consumer protection laws, he says.

Huppert claims bags of Hershey’s Kisses Milk Chocolate with Almonds only contain 11 ounces of product, missing 8 1/3 percent of the stated weight.

Bags of Hershey’s Kisses Cookies ‘n’ Crème contain only 10.5 ounces, underfilled by 12 1/2 percent, he says.

Yet the retail price for all these Classic Bags of Hershey’s Kisses is all the same – even for bags of original milk chocolate Hershey’s Kisses, which this Hershey’s Kisses class action lawsuit takes no issue with.

He alleges the bags for all three varieties of Hershey’s Kisses appear to be the same size and weight. The labeling on each bag also indicates that they each contain 12 ounces of product – giving consumers no reason to suspect that the weight might vary among different varieties of Hershey’s kisses, and certainly no reason to think they’re getting anything less than the stated weight.

Huppert claims that by underfilling bags of Hershey’s Kisses, the chocolate company misleads consumers into thinking they’re getting more product than what’s actually in the bag.

More significantly, these consumers are paying more per ounce for the allegedly underfilled varieties, “allowing Hershey to collect a premium that it is otherwise failing to disclose to consumers.”

According to this Hershey’s Kisses class action lawsuit, the difference between the stated weight and the actual weight in these bags of Hershey’s Kisses is an “unfair, unconscionable, and deceptive act[] in the conduct of trade or commerce” that violates consumer protection provisions of the New York General Business Law.

Section 349 of that law generally prohibits deceptive acts or practices, according to Huppert. He also raises a claim under Section 350, which prohibits false advertising.

Huppert says he purchased several Classic Bags of all three varieties of Hershey’s Kisses over several years from stores near his home in New York. He claims that while the bags of Hershey’s Kisses Milk Chocolate contained 12 ounces of kisses, the bags of other varieties he bought were underfilled.

The plaintiff proposes to represent a Class consisting of “[a]ll persons who bought ‘Classic Bags’ of Hershey’s Kisses Milk Chocolate with Almonds or Hershey’s Kisses Cookies ‘N’ Crème and did not resell them.”

He is asking for an injunction that would prohibit Hershey from continuing to engage in any marketing practices that allegedly violate sections 349 and 350 of the New York General Business Law.

Huppert also seeks an award of damages, including treble damages as provided for by law, plus reimbursement of court costs and attorneys’ fees, with interes.

The plaintiff is represented by Jeffrey I. Carton and Robert J. Berg of Denlea & Carton LLP.

The Hershey’s Kisses Underfilled Classic Bags Class Action Lawsuit is Huppert v. The Hershey Company, Case No. 7:16-cv-7338, in the U.S. District Court for the Southern District of New York.