Hershey consolidated class action claims candy wrappers contain unsafe PFAS levels

Hershey consolidated class action lawsuit overview:

• Who: Plaintiff Jonathan Parish is suing The Hershey Co.
• Why: Parish claims the company’s candy wrappers contain unsafe levels of per- and polyfluoroalkyl substances (PFAS).
• Where: The Hershey consolidated class action was filed in Pennsylvania federal court.

A consolidated class action lawsuit filed against The Hershey Co. claims the company’s candy wrappers contain unsafe levels of per- and polyfluoroalkyl substances, also known as “forever chemicals.”

Plaintiff Jonathan Parish filed the class action lawsuit against The Hershey Co. on Oct. 29 in Pennsylvania federal court, alleging violations of state and federal consumer laws. The consolidated lawsuit includes similar claims from other affected consumers.

According to the lawsuit, Parish purchased Hershey’s Milk Chocolate Bar and Reese’s Pieces in early 2024 and relied on the company’s assurances that its products were safe and sustainable.

However, independent testing revealed that the wrappers of Hershey’s confectionery products contain alarmingly high levels of PFAS and organic fluorine, the lawsuit alleges.

PFAS are synthetic chemicals known for their persistence in the environment and potential health risks, including cancer, liver damage and decreased fertility, the lawsuit says.

Hershey knew about PFAS risk, lawsuit alleges

Parish claims Hershey was aware of the PFAS contamination in its wrappers, especially given the growing industry awareness and recent Food and Drug Administration bans on the use of PFAS in food packaging.

Despite this, the company failed to inform consumers about the potential health risks associated with its products, the lawsuit alleges.

Parish says he and other consumers would not have purchased the products, or would have paid less for them, had they known about the PFAS contamination.

The lawsuit alleges Hershey’s actions constitute breaches of express and implied warranties, fraud, negligent misrepresentation and violations of consumer protection laws.

Parish seeks to represent anyone who purchased Hershey’s confectionery products for personal, family or household use.

He is suing for violations of state and federal consumer laws and seeking certification of the class action, damages, fees, costs and a jury trial.

In December, a New York-based consumer filed a similar class action lawsuit against Hershey, claiming the company failed to disclose the presence of PFAS in its wrappers despite marketing its products as high-quality and safe.

Have you ever purchased Hershey products? Let us know what you think of this class action in the comments.

The plaintiff is represented by Allan Kanner, Conlee S. Whiteley and David J. Stanoch of Kanner & Whiteley LLC and Andrew Bizer of Bizer & DeReus.

The Hershey PFAS class action lawsuit is Parish v. The Hershey Company, Case No. 1:24-cv-01868, in the U.S. District Court for the Middle District of Pennsylvania.

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