A recently filed class action lawsuit alleges that the packaging of several iconic Hershey chocolate products contains undisclosed per- and polyfluoroalkyl substances (PFAS), synthetic chemicals known as “forever chemicals.” This guide breaks down everything you need to know about the case, including the allegations, legal causes of action, potential health risks, and what it means for consumers.

From the parties involved to the science behind PFAS migration, get up to speed on the key facts, laws and potential impacts of this high-profile litigation. Learn how to tell if products you’ve purchased are affected, what to do if you’ve consumed chocolates with PFAS-laden wrappers, and how the suit aims to hold Hershey accountable.

1. The Parties: Consumer Plaintiff v. Hershey

• • Plaintiff Jada Nettle: Illinois woman who bought several Hershey chocolate products, seeking to represent a nationwide class of consumers.
  • Defendant The Hershey Company: Iconic American chocolatier that manufactures, markets and sells the products at issue.
  • Allegations Against Hershey: Knowing, reckless and/or negligent failure to disclose presence of PFAS in chocolate wrappers.
  • Proposed Class: All U.S. residents who purchased Hershey chocolate products for personal/household use during applicable statute of limitations.
  • Filed in: U.S. District Court for the Middle District of Pennsylvania, where Hershey is headquartered.

2. The Claims: Hershey’s Alleged Misconduct

• • Failing to Disclose Presence of PFAS: None of the affected products’ labels disclosed PFAS in packaging, deceiving consumers.
  • Violating State Consumer Protection Laws: Accused of unfair & deceptive trade practices, false advertising, fraudulent omission under IL and PA laws.
  • Breaching Warranties: Plaintiff alleges wrappers unfit for intended purpose, not merchantable quality, violating express and implied warranties.
  • Unjust Enrichment: Hershey accused of unjustly retaining profits from products sold based on material omissions about safety.
  • Fraud: Knowingly concealing material facts about PFAS to mislead consumers and boost sales, per complaint.

3. The Products: Contaminated Chocolates

• • Reese’s Peanut Butter Cups, Pieces: Testing found PFOA at 14.1 mg/kg and PFOS at 1.4 mg/kg in wrappers.
  • Hershey’s Chocolate Bar, Kisses: Independent labs confirmed fluorine in packaging at 250 parts per million (ppm).
  • Kit Kat, Almond Joy, Mounds: 529 ppm fluorine detected in Kit Kat wrappers, suggesting PFAS contamination.
  • Heath Bar, Milk Duds, Mr. Goodbar: Complaint reserves right to expand list of affected products as case proceeds.
  • Hershey’s Intentional Non-Disclosure: Labels silent on PFAS in packaging despite Hershey touting “transparency” and “rigorous food safety practices.”

4. The Science: How PFAS Threaten Health

• • PFAS Are Highly Mobile: Migrate easily from wrappers into food, especially fatty or oily foods like chocolate.
  • Chocolates More Susceptible: Scientific studies confirm PFAS can migrate from packaging into food, with fatty or oily foods potentially absorbing more chemicals.
  • Accumulate in Body: Forever chemicals can build up in blood, organs and tissue with repeated exposure over time.
  • Risk of Serious Health Issues: PFAS linked to cancer, liver & thyroid problems, fertility issues, birth defects and compromised immunity.
  • No Safe Exposure Level: EPA and CDC toxicologists say even minuscule amounts of PFAS can cause adverse health effects.

What Consumers Can Expect Next

This federal class action will need to work its way through various stages of litigation, starting with an amended complaint, motions to dismiss, class certification briefing, discovery and — if not settled or dismissed — eventually trial. Some key things for consumers to watch for include:

An Expanded Class Definition: The complaint signals more Hershey’s products may be added as the case develops.

Hershey’s Response to the Allegations: The company will need to file an answer or seek dismissal of some or all claims.

Potential Labeling Changes: Lawsuit may prompt Hershey’s to disclose existence of PFAS or reformulate packaging.

Further Testing Data: More details on the levels and types of PFAS found in wrappers will likely emerge in discovery.

Possible Settlement or Remedies: Case may resolve in injunctive relief, packaging changes, refunds or other compensation for buyers.

By taking legal action now, the plaintiff aims to hold Hershey accountable for its lack of disclosure about forever chemicals, while compelling corporate changes and protecting public health moving forward. Consumers should follow the litigation as it unfolds to understand their rights and remedies.

Key Takeaways on the Hershey’s PFAS Lawsuit

The class action alleges Hershey failed to disclose the presence of toxic PFAS “forever chemicals” in the packaging of several of its most popular chocolate candies, including Reese’s, Kit Kat, Heath Bar & Almond Joy.

The Hershey’s PFAS class action lawsuit raises serious questions about the safety of some of America’s most iconic chocolate treats and the transparency of the company behind them. As the litigation moves forward, key takeaways for consumers include:

Hershey accused of concealing toxic chemicals: Complaint alleges Hershey knowingly failed to disclose PFAS in packaging, deceiving buyers about safety.

Forever chemicals pose health risks: PFAS exposure linked to cancer, thyroid issues, birth defects and more, with no known safe limit.

Chocolates may absorb high PFAS levels: Studies show fatty foods like chocolate can more readily absorb forever chemicals from wrappers.

Consumers may be entitled to damages: Lawsuit seeks monetary relief for buyers, as well as a court order stopping PFAS use.

Case prompts a closer look at packaging: Litigation highlights the need for greater scrutiny and regulation of forever chemicals in food wrappers.

While everyone loves a sweet treat, no one wants a side of forever chemicals. This case is a wake-up call for consumers to demand better transparency and accountability from the companies they trust to deliver safe, quality food products. As the lawsuit progresses, those who have purchased the affected chocolates should monitor the proceedings to understand their potential rights and remedies.

Test Your Knowledge of the Hershey PFAS Lawsuit

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