The Hershey Company today filed a motion urging the U.S. District Court for the Middle District of Pennsylvania to dismiss a putative class action lawsuit alleging that the packaging of Hershey’s chocolate bars and candies contains harmful levels of per- and polyfluoroalkyl substances (PFAS). Hershey strongly challenged the validity of the claims, describing the case as “built on a house of cards.”
The confectionery leader emphasized that the consumer allegations rely heavily on a “dubious internet report” commissioned by Grizzly Research—a third party Hershey identified as a known short-seller with a financial interest against the company. Hershey further noted that the testing cited by plaintiffs was neither conducted on the consumers’ actual purchases nor independently confirmed.
According to Hershey, independent lab tests allegedly detecting trace amounts of PFAS were millions of times lower than those reported by Grizzly Research and often contradicted those findings. Hershey argued these minimal trace levels are more plausibly explained by environmental contamination occurring after the products left Hershey’s control, such as during retail handling or transportation.
Hershey’s motion highlights that the plaintiffs’ complaint lacks specific allegations connecting any PFAS contamination to Hershey’s manufacturing processes. “Plaintiffs’ case is built on a house of cards,” the company stated.
The proposed class action seeks to represent consumers nationwide and specific subclasses from multiple states, following initial lawsuits triggered by online reports in late 2024 alleging “alarmingly high levels” of PFAS in Hershey’s packaging.
Hershey also refuted plaintiffs’ claims that PFAS migrates from packaging into food, describing this “migration theory” as speculative and unsupported by relevant scientific evidence.
The company further argued that plaintiffs lack standing, failed to plead essential elements of their consumer protection and fraud claims, and that there is no legal duty for Hershey to disclose the alleged information.
Hershey is committed to transparency and safety, maintaining that its products do not pose the risks alleged in the lawsuit.
The case, In re Hershey Chocolate Litigation (Case No. 1:24-cv-01868), remains pending in the U.S. District Court for the Middle District of Pennsylvania.
