September 2015: The parties agreed to voluntarily dismiss the appeal. The reasons for the dismissal have not been disclosed.

April 2015: Plaintiffs filed a Notice of Appeal regarding the November 2012 dismissal order and the March 2015 summary judgment order. (Khasin et al v. The Hershey Company, Case No. 15-15853, 9th Cir.)

March 2015: A federal judge granted Hershey’s motion for summary judgment finding, among other things, that there was not enough evidence to show that the challenged marketing statements were likely to mislead reasonable consumers. To read the court order, click here.

November 2012: A federal judge granted part of Hershey’s motion to dismiss, but allowed false advertising claims to move forward. To learn more about the dismissed and continuing claims, click here.

April 2012: A false advertising class-action lawsuit was filed against The Hershey Co. (and amended in July 2012) for allegedly deceptively marketing various chocolate and cocoa products. Among other things, the complaint alleges that the company promotes the health benefits of its chocolate and cocoa – including that they contain flavonoid antioxidants – when such claims are unlawful and have been the target of FDA enforcement actions. The company also allegedly represents that its chocolate and cocoa products can be part of a healthy diet when they actually have a high caloric value and significant amount of sugars, carbohydrates, sodium, fats, and saturated fats. (Khasin et al v. The Hershey Company, Case No. 12-cv-1862, N. D. CA.)

For more information about other class-action lawsuits filed against Hershey and TINA.org’s coverage of the company, click here.


Class-Action Tracker

Hershey’s Hot Fudge Topping

Class Action

Hershey’s Hot Fudge Topping

Allegations: Misleadingly marketing the topping as fudge when the product is missing ingredients essential to fudge and contains ingredients not found in fudge

White Kit Kat Bars

Class Action

White Kit Kat Bars

July 2020: A federal judge dismissed this case for lack of subject matter jurisdiction. The judge further concluded that allowing plaintiffs to amend their complaint would be futile because “reasonable…

White Reese’s Peanut Butter Cups

Class Action

White Reese’s Peanut Butter Cups

October 2020: A federal judge dismissed the complaint for failure to state a claim finding that reasonable consumers would not be misled into believing that the product contains white chocolate.…

ONE Protein Bars

Class Action

ONE Protein Bars

In January 2019, a class-action lawsuit was filed against One Brands and The Hershey Company alleging that its ONE protein bars – including the Birthday Cake flavor – contain more…

Brookside Dark Chocolate Products

Class Action

Brookside Dark Chocolate Products

November 2019: A federal judge granted summary judgment in favor of Hershey concluding that two of the named plaintiffs did not claim that they relied on the alleged misleading representations…

Boxes of Reese’s Pieces and Whoppers Candy

Class Action

Boxes of Reese’s Pieces and Whoppers Candy

February 2018: A federal judge granted The Hershey Company’s motion for summary judgment finding that the named plaintiff failed to show that the allegedly deceptive practice caused him injury because…

Chocolate Products from The Hershey Company

Class Action

Chocolate Products from The Hershey Company

In February 2018, a class-action lawsuit was filed against The Hershey Company for allegedly failing to disclose that the cocoa beans used in chocolate products are the result of child…

Bags of Hershey’s Kisses

Class Action

Bags of Hershey’s Kisses

April 2017: This action was voluntarily dismissed, the reasons for which have not been disclosed. The named plaintiff’s claims were dismissed When a complaint is dismissed with prejudice, it cannot…

Hershey Chocolate Products

Class Action

Hershey Chocolate Products

April 2016: The named plaintiff filed a Notice of Appeal regarding the decision to dismiss the case. March 2016: A federal judge dismissed this action finding that the complaint did…

Ice Breakers® Ice Cubes Sugar-free Gum

Class Action

Ice Breakers® Ice Cubes Sugar-free Gum

December 2015: This action was dismissed When a complaint is dismissed with prejudice, it cannot be refiled.. The reasons for the dismissal have not been disclosed. June 2015: A class-action…


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