Class action alleges NERDS and other Ferrara candies contain dangerous arsenic levels

Ferrara candy class action lawsuit overview:

• Who: Plaintiff Christina Anstett filed a class action lawsuit against Ferrara Candy Co.
• Why: The plaintiff claims the company’s candy products contain toxic levels of arsenic.
• Where: The Ferrara candy class action lawsuit was filed in Illinois federal court.

Ferrara Candy is facing a class action lawsuit alleging its candy products contain toxic levels of arsenic.

Plaintiff Christina Anstett filed the class action complaint against Ferrara Candy on Feb. 4 in Illinois federal court, alleging violations of state statutes and common law doctrines.

Ferrara Candy is a well-known candy brand in the United States, selling popular candy brands such as Black Forest Gummy Bears, Laffy Taffy, NERDS, Sweet Tarts, Sweet Tarts Ropes and Trolli gummy candies, the class action lawsuit says.

The plaintiff, like millions of other Americans, purchases these products regularly and consumes them with her minor child, she says.

However, Anstett claims the company’s products contain toxic amounts of arsenic, a cancer-causing metal.

According to the complaint, scientific lab testing by the State of Florida found that consuming just six small, 15-ounce boxes of NERDS, for example, exceeds the annual limit of arsenic that a child should consume annually.

Ferrara candy class action: Company failed to ensure products were safe

The class action lawsuit explains that arsenic is dangerous for consumption, and exposure to arsenic above acceptable levels can be fatal and cause nausea, vomiting, diarrhea, muscle weakness, cramping, skin rashes and an increased risk of infections.

Both the U.S. Food and Drug Administration (FDA) and the American Academy of Pediatrics do not recommend any specific limit of arsenic to be consumed by children, the lawsuit says.

The FDA even recommends that infants under certain ages not consume or drink fruit juice due to the mere possibility of arsenic exposure, the class action alleges.

In response to the findings, Anstett is seeking actual damages, statutory damages, restitution, disgorgement of profit, pre- and post-judgment interest and reasonable costs and attorneys’ fees.

She alleges Ferrara failed to ensure that its products were fit and safe for consumption and failed to disclose the inclusion of arsenic in its products.

As a result, Anstett and class members were harmed by paying a price premium for the products, which they otherwise would not have paid due to the presence of arsenic, or they would not have purchased the products at all, she alleges.

Meanwhile, The Hershey Co. is facing a consolidated class action lawsuit alleging its candy wrappers contain unsafe levels of per- and polyfluoroalkyl substances.

What do you think of the claims made in this Ferrara candy class action lawsuit? Let us know in the comments.

The plaintiff is represented by Blake Hunter Yagman of Schonbrun Sepow Harris Hoffman & Zeldes LLP.

The Ferrara candy class action lawsuit is Anstett v. Ferrara Candy Company, Case No. 1:26-cv-01304, in the U.S. District Court for the Northern District of Illinois.

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