Hershey’s Bubble Yum Class Action Lawsuit Claims Gum Contains Toxic PFAS Chemicals

A California man has filed a lawsuit against the Hershey Company, alleging that Bubble Yum bubble gum contains levels of per- and polyfluoroalkyl substances (PFAS) that exceed safe limits established by state law, potentially exposing him and countless others to serious health risks.

PFAS are toxic chemicals that are resistant to grease, water and oil, which are widely used in consumer packaging materials, fabrics, Teflon and a number of other products. Since they are known to take a long time to degrade inside human bodies and the environment, PFAS are commonly referred to as “forever chemicals,” and have been linked to a risk of several serious health complications, including kidney cancer, thyroid disease, testicular cancer and ulcerative colitis.

In recent years, concerns about exposure to toxic PFAS chemicals has gained a great deal of attention, due to widespread water contamination caused by high levels in aqueous film forming foam (AFFF) used for decades by civilian and military firefighters.

As a result of the chemical manufacturers’ failure to disclose the health risks, thousands of AFFF lawsuits are currently being pursued by firefighters diagnosed with cancer following direct exposure to the chemicals, as well as PFAS drinking water contamination lawsuits brought by individuals living in areas with high levels of the chemicals in the water supply.  However, there is also growing evidence that consumers are exposed to these chemicals from a wide variety of potential sources.

Bubble Yum PFAS Lawsuit Filed in California

In a complaint (PDF) filed in the California Superior Court for the County of Los Angeles on October 24, Abraham Mohamed indicates that both pieces of Bubble Yum bubble gum and the wrappers used in the packaging material contain potentially dangerous levels of PFAS chemicals.

Mohamed seeks class action status to pursue damages for all California residents who purchased Bubble Yum over the past four years, indicating that independent laboratory testing confirmed the bubble gum contains PFAS at levels that have been deemed unsafe by the State of California.

The lawsuit indicates that the Hershey’s Bubble Yum bubble gum was tested for organic fluorine, a known PFAS marker. The independent lab conducted two rounds of testing, measuring the organic fluorine levels in both the gum and its wrapper.

In the first round, organic fluorine levels of 197 parts per million (ppm) were found in the gum, and 130 ppm in the wrapper. In the second round, 75.19 ppm of organic fluorine were found in the gum, and 122 ppm in the wrapper. These levels exceed California’s regulatory limit for PFAS content, set at 100 ppm by California Health and Safety Codes §108945, 108946 and 109000.

As a result of the findings, Mohamed argues that Hershey has falsely and misleadingly marketed Bubble Yum, by failing to disclose that the levels of PFAS in the gum violate California consumer protection laws. The manufacturer also neglected consumer health and safety, by failing to disclose the presence of potentially toxic ingredients in the gum, according to the Bubble Yum class action lawsuit.

These claims are especially concerning since Hershey markets Bubble Yum to children, who may face a greater risk from PFAS chemicals due to the potential for hormone disruption, developmental issues and immune system impairment, Mohamed points out.

“Defendant has exclusive knowledge of the manufacturing process and composition of materials and chemicals in the Product (Bubble Yum gum) as Defendant is the manufacturer, distributor, and marketer of the Product,” Mohamed said in the complaint. “At the time of purchase, Plaintiff lacked the knowledge of the manufacturing process and composition of materials and chemicals in the Product and lacked the expertise to ascertain the existence of organic fluorine in the Product and their risks to human health.”

In the complaint, Mohamed is asking that Hershey disclose the presence of organic fluorine in Bubble Yum gum and provide warnings about its potential health risks. He is also seeking to force the company to test Bubble Yum for PFAS chemicals, and reduce levels in the product to comply with California regulations.

In addition, Mohamed seeks monetary damages and restitution, as well as additional protections to help consumers make more informed choices when buying Bubble Yum gum.

PFAS Lawsuits Continue To Be Filed

Mohamed’s complaint takes its place among a series of lawsuits filed in state and federal courts against manufacturers who have not taken into account the presence of PFAS chemicals in their products.

Earlier this month, an environmental group filed a Carefree Pad Liner lawsuit in California Superior Court over PFAS chemicals in the company’s panty liners, on the exact same day that California Governor Gavin Newsom signed into law a bill banning the chemicals in feminine hygiene products.

In addition, all federal lawsuits over PFAS in AFFF have been centralized and consolidated for pretrial proceedings before U.S. District Judge Richard M. Gergel in the District of South Carolina, where a small group of PFAS personal injury lawsuits are being prepared for trial dates in 2025.

These bellwether trials will involve claims brought by individuals who developed testicular cancer, kidney cancer, liver cancer, thyroid cancer, thyroid disease or ulcerative colitis, after drinking water known to have been contaminated by AFFF with high levels of PFAS chemicals. While the outcomes will not be binding on other claims, they are designed to help gauge how juries may respond to certain evidence and testimony regarding the link between exposure to PFAS and health risks consumers may face.