Hershey’s Products
Allegations: Misleadingly marketing products as safe and sustainable
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 consumer[s] would not be misled into believing that the wafers are dipped in white chocolate when the packaging does not mention chocolate.”
June 2019: A class-action lawsuit was filed against The Hershey Company for allegedly falsely marketing that certain Kit Kat bars contain white chocolate when, according to the complaint, the bars do not contain white chocolate. (Rivas et al v. The Hershey Company, Case No. 19-cv-3379, E.D.N.Y.)
For more of TINA.org’s coverage of white chocolate products, click here.
Class-Action Tracker
Hershey’s and Lily’s Chocolates
Allegations: Failing to disclose that products contain harmful chemicals
Hershey’s Organic Chocolate Bars
Allegations: Falsely marketing that products are made from ethically sourced and sustainable cocoa
Totally Cool Ice Creams
Allegations: Failing to disclose that products contain a bacterium that could lead to serious health consequences
Lily’s Extra Dark Chocolate Bars
Allegations: Failing to disclose that products contain unsafe levels of lead
Hershey Chocolate Products
Allegations: Failing to disclose important information about chocolate products
Chocolate from Mars, Hershey’s, Nestle, and Others
Allegations: Misleadingly representing that companies would “phase out” and stop using forced child labor when they continue to use child labor to harvest cocoa
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 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
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
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
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
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
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 Products
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…
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…
The Latest
CATrends: Toxic Heavy Metals in Dark Chocolate
Consumer Reports study sparks class-action lawsuits.
CATrends: What the Fudge?
Lawsuits allege brownie brands and others lack the essential dairy ingredients to call their products fudge.
2020 Reasonable Consumer Quiz
See how you stack up.
CATrends: Fake White Chocolate
Stocking stuffer alert: These “white chocolate” treats are allegedly missing key ingredients.
Reese’s Pieces Peanut Butter Cups
Pieces in cups are but fragments of those advertised.