Hershey’s and Lily’s Chocolates
Allegations: Failing to disclose that products contain harmful chemicals
Kell et al. v. Lily’s Sweets, LLC and The Hershey Co.
23-cv-147, S.D.N.Y.
(Jan. 2023)
Lily’s Extra Dark Chocolate 70% Cocoa chocolate bars
Failing to disclose that products contain unsafe levels of lead
Pending
Allegations: Failing to disclose that products contain harmful chemicals
Allegations: Falsely marketing that products are made from ethically sourced and sustainable cocoa
Allegations: Failing to disclose that products contain a bacterium that could lead to serious health consequences
Allegations: Failing to disclose important information about chocolate products
Allegations: Misleadingly representing that companies would “phase out” and stop using forced child labor when they continue to use child labor to harvest cocoa
Allegations: Misleadingly marketing the topping as fudge when the product is missing ingredients essential to fudge and contains ingredients not found in fudge
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…
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.…
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…
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…
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…
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…
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…
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…
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…
Consumer Reports study sparks class-action lawsuits.
Lawsuits allege brownie brands and others lack the essential dairy ingredients to call their products fudge.
Stocking stuffer alert: These “white chocolate” treats are allegedly missing key ingredients.
Pieces in cups are but fragments of those advertised.
Be on the lookout for everything from walking ads to disappearing candy.