Hershey Class Action Says Brookside Dark Chocolate is Artificially Flavored

A California chocolate aficionado has hit The Hershey Company with a class action lawsuit over alleged artificial flavorings in its Brookside Dark Chocolate products.

Plaintiff Howard Clark claims that he and other consumers were duped into thinking Hershey’s Brookside line only contained natural ingredients; however, the chocolate includes an artificial substance – malic acid.

“Defendant’s packaging, labeling, and advertising scheme is intended to give consumers the impression that they are buying a premium, all-natural product with only natural flavoring ingredients instead of a product that contains artificial chemicals and that is artificially flavored,” alleges the Hershey’s Brookside chocolate class action lawsuit.

The allegedly falsely advertised products include Brookside Dark Chocolate Acai & Blueberry Flavors, Brookside Dark Chocolate Goji & Raspberry Flavors, Brookside Dark Chocolate Vineyard Inspired Chardonnay Grape & Peach, Brookside Dark Chocolate Crunchy Clusters Berry Medley Flavors, Brookside Dark Chocolate Pomegranate Flavor, Brookside Dark Chocolate Vineyard Inspired Merlot Grape & Black Currant Flavors, Brookside Dark Chocolate Whole Almonds Dusted with Black Currant, and Brookside Dark Chocolate Whole Almonds Dusted with Raspberry.

The plaintiff contends that he purchased Hershey’s Brookside Dark Chocolate – Acai & Blueberry Flavors variety, and paid a premium, because he thought that he was buying an all-natural product.

Clark says that the labeling on the bag of chocolate indicated “No Artificial Flavors” and “No Artificial Colors.”

However, according to the Hershey’s class action lawsuit, malic acid was included in the chocolate he purchased, as well as in other Brookside products.

“This ‘malic acid’ is an inexpensive synthetic chemical used in processed food products to make the taste like tangy fresh fruits – like blueberries, lemons, mangos, or cherries, and in the product Plaintiff purchased, like Acai and Blueberry flavors,” notes the Hershey’s Brookside chocolate class action.

According to the Brookside Dark Chocolate class action lawsuit, malic acid is derived from petrochemicals.

The plaintiff alleges that a reasonable consumer would not expect that type of substance to be included in a product that indicates it contains no artificial flavors or colors.

Clark contends that the failure of Hershey to indicate that an artificial flavoring is used in its Brookside chocolate products violates U.S. Food and Drug Administration (FDA) regulations, as well as California consumer protection laws.

The Hershey chocolate class action lawsuit argues that Hershey is attempting to play upon reported consumer preferences for products they perceive as healthy.

The plaintiff points to a report that 88 percent of all consumers would pay more for foods that are healthy and natural and do not contain artificial flavors.

The Brookside false advertising class action lawsuit is seeking damages, as well as a court order “compelling” Hershey to stop packaging, distributing, advertising and selling the products allegedly in violation of FDA regulations, California laws and state common laws.

The plaintiff also wants Hershey to relabel or recall all existing deceptively packaged Brookside Dark Chocolate products and conduct a corrective advertising campaign.

Clark and the proposed Class are represented by Ronald A. Marron and Michael Houchin of the Law Offices of Ronald A. Marron and Scott J. Ferrell of Pacific Trial Attorneys.

The Hershey’s Brookside Dark Chocolate Artificial Flavors Class Action Lawsuit is Clark v. The Hershey Company, Case No. 3:18-cv-06113-WHA, in the U.S. District Court for the Northern District of California.

UPDATE: On Sept. 5, 2019, the chocolate lovers who filed a Hershey’s class action lawsuit are seeking certification for two Classes of customers who claim Brookside Dark Chocolates are falsely advertised as having no artificial flavors.