Class Action Lawsuits Filed Against Hershey’s Over High Levels of PFAS in Chocolate Candy Wrappers

The Hershey Company faces multiple class action lawsuits, after independent testing found high levels of dangerous per- and polyfluoroalkyl substances (PFAS) in the wrappers for many of the company’s popular chocolate products, which may pose serious health risks for consumers.

PFAS include thousands of man-made chemicals that are resistant to oil, grease and water, which have been used for decades in a variety of industrial processes and products, including Teflon, rugs, clothing and aqueous film-forming foam (AFFF) used to fight fires. However, they are also found in a number of wrappers and packaging materials for different food products.

Amid growing evidence about serious health risks posed by PFAS, the substances are now commonly referred to as “forever chemicals,” since they are known to take a long time to break down, and can accumulate in the environment and human body. Exposure to the chemicals has been linked to a number of serious side effects, including an increased risk of kidney cancer, thyroid cancer, testicular cancer, thyroid disease, ulcerative colitis and other diseases.

In recent years, thousands of PFAS exposure lawsuits have been filed by firefighters exposed to high levels of the chemicals in firefighting foam, as well as by individuals living in areas that are known to contain the chemicals in local drinking water supplies. However, litigation over health risks posed by the chemicals is now also extending to manufacturers of other consumer products.

In a complaint (PDF) filed in the U.S. District Court for the Middle District of Pennsylvania on November 1, one consumer indicates that The Hershey Company has either knowingly or recklessly been using PFAS in its chocolate candy wrappers for years. The use of these chemicals in the wrappers could lead to severe illness for consumers, especially children who are at higher risk of becoming sick, due to the developing nature of their bodies.

The lawsuit was filed by Jada Nettle, who says that she has purchased Hershey chocolate candy products as recently as October 2024. However, that same month, Grizzly Research published an independent research report, in which the organization found PFAS chemicals in the wrappers of the following Hershey products:

• Reese’s Peanut Butter Cups
• Reese’s Pieces
• Hershey’s Kisses
• Hershey’s Milk Chocolate Bars
• Hershey’s Cookies’n’Creme Bars
• Almond Joy/Mounds Bars

Nettle indicates that she never would have purchased or eaten the products had she known they were likely to contain PFAS chemicals.

Another complaint (PDF) was filed by Jonathan Parish on October 31, raising similar allegations against The Hershey Company.

Both Nettle and Parish have brought their complaints on behalf of themselves and other consumers similarly situated, asking that Hershey be required to stop selling the tainted products until the PFAS are removed from the wrappers, or the company prints warning labels on the packaging. In addition, the plaintiffs are asking the court to grant them declaratory relief, as well as punitive damages.

PFAS Lawsuits Growing in Scope

In addition to the lawsuits being filed against The Hershey Company over the presence of PFAS in its chocolate candies, a separate complaint was filed against Hershey last month, alleging that the company’s Bubble Yum gum contains toxic PFAS chemicals.

In that complaint, a California man indicated that both pieces of Bubble Yum bubble gum and the wrappers used in the packaging contained PFAS. Once again, the presence of PFAS was determined by independent laboratory testing.

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

In addition, thousands of lawsuits over PFAS in firefighting foam products have been brought throughout the federal court system, which 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 next year.

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 PFAS from firefighting foam. 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.