Navigating Nutritional Choices Amidst Food Safety Concerns
What is the lawsuit against Hershey's chocolate?
Several class-action lawsuits have been filed against The Hershey Company concerning its popular chocolate products, bringing multiple allegations to light. The most prominent of these legal challenges relate to heavy metal contamination, the presence of "forever chemicals" in packaging, and false advertising claims. These cases highlight a growing consumer focus on product transparency and food safety, even for products typically enjoyed as treats.
Key Lawsuits Against The Hershey Company
- Heavy Metals in Dark Chocolate: One of the most widely reported lawsuits followed a 2022 Consumer Reports investigation that detected cadmium and lead in certain dark chocolate bars. The class action, filed in federal court in New York, alleged that Hershey misleadingly marketed its dark chocolate products by failing to disclose these potentially harmful heavy metals. According to the report, some Hershey's products exceeded California's maximum allowable dose levels for these metals. While one plaintiff voluntarily dismissed his class action in February 2023, similar filings and concerns have continued.
- PFAS in Packaging: In late 2024, consolidated class action lawsuits were filed alleging that the wrappers for several Hershey's confectionery products, including Hershey's Milk Chocolate Bars and Reese's Pieces, contained unsafe levels of per- and polyfluoroalkyl substances (PFAS). Known as "forever chemicals" for their resistance to decomposition and links to health risks, PFAS have been a focal point for consumer safety advocates. In July 2025, Hershey's filed a motion to dismiss the lawsuit, asserting that it has long banned PFAS in packaging and that any detected amounts were likely from environmental contamination, not its products. The case remains pending.
- False Advertising of Seasonal Candies: In 2024, a lawsuit was filed alleging that the artistic carvings shown on the packaging for seasonal Reese's Peanut Butter candies, such as pumpkins and ghosts, did not appear on the actual chocolates. Plaintiffs sought over $5 million in damages for deceptive marketing. However, in September 2025, a judge dismissed the lawsuit, ruling that a reasonable consumer would not be deceived by the packaging, which sometimes included a disclaimer.
- Ethical Sourcing Claims: Early in 2024, a class action was brought concerning Hershey's organic, plant-based chocolate, alleging it was not as ethically sourced or sustainable as advertised. The lawsuit was voluntarily dismissed in September 2024, but it drew attention to sourcing practices in the cocoa industry, particularly allegations of child labor in cocoa-producing regions.
The Intersection of Consumer Concerns and Nutritional Choices
For those focusing on a healthy nutrition diet, these lawsuits underscore the importance of looking beyond a product's initial health halo. For instance, dark chocolate is often celebrated for its antioxidants, but concerns over heavy metals like lead and cadmium introduce a new level of caution. This shifts the consumer's focus from a product's potential benefits to its potential risks. Similarly, issues with packaging contaminants like PFAS raise questions about the safety of consumables, regardless of their nutritional profile. As consumers become more aware of food processing and sourcing issues, they are re-evaluating what constitutes a "healthy" choice, considering not only macro and micronutrients but also product integrity and origin.
Making Informed Decisions in Your Diet
- Read Labels and Ingredient Lists: Beyond the nutritional panel, examine the ingredient list for unfamiliar additives. In the context of heavy metals, look for transparency or independent certifications. For packaging concerns like PFAS, companies may issue statements on their websites or in corporate social responsibility reports.
- Practice Mindful Eating and Moderation: Incorporating treats like chocolate in moderation is a healthy way to manage cravings, but these legal challenges are a good reminder to enjoy processed foods sparingly. A balanced diet should prioritize whole foods like fruits, vegetables, and whole grains.
- Support Transparent Brands: Research companies and their sourcing practices. Some food companies are more transparent about their ingredients, supply chains, and safety testing. Utilize third-party consumer reports and watchdog organizations to verify claims.
- Embrace Whole, Unprocessed Foods: The most straightforward way to avoid potential contamination from processing or packaging is to build your diet around whole, unprocessed foods. This approach minimizes exposure to a wide range of potential additives and contaminants.
Lawsuits vs. A Balanced Nutrition Diet
| Aspect | Heavy Metals in Dark Chocolate (Alleged) | PFAS in Packaging (Alleged) | Impact on Diet Philosophy |
|---|---|---|---|
| The Allegation | Undisclosed levels of lead and cadmium in some dark chocolate varieties. | Wrappers for some products contain "forever chemicals" linked to health risks. | High-profile lawsuits draw attention to potential contaminants, challenging the perceived 'health benefits' of certain treats. |
| Hershey's Stance | Lawsuits filed. Some cases dismissed; others remain active. The company states that test results were flawed. | Denies using PFAS in packaging for over a decade and attributes potential detection to environmental factors. | Emphasizes the need for due diligence, even with established brands that have strong consumer trust. |
| Consumer Takeaway | Consumers should research brands and potentially source dark chocolate from companies with stricter testing protocols or certifications. | Consumers are encouraged to understand ingredient lists and consider how food packaging impacts food safety. | Shifts focus from a food's direct nutrient content to its broader context, including sourcing, processing, and packaging. |
Conclusion
The lawsuits against Hershey's chocolate serve as a poignant reminder that consumer diligence is vital for a healthy nutrition diet. While concerns over specific issues like heavy metals and PFAS are critical, the bigger lesson is the importance of understanding the full story behind the foods we consume. By reading labels, supporting transparent brands, and focusing on a diet rich in whole foods, consumers can make more informed and healthier choices for themselves and their families.
Visit the World Health Organization for general guidance on healthy eating
