Hershey PFAS Lawsuit Alleges Certain Chocolate Bars Exposed to Toxic ‘Forever Chemicals’

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The Hershey Company faces a proposed class action lawsuit after the wrappers of several popular chocolate treats were found to contain “alarmingly high” levels of per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals.”

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According to the 34-page lawsuit, PFAS are a group of synthetic chemicals linked to serious health effects, including cancer. The complaint alleges that independent testing recently detected PFAS in the wrappers of the following products manufactured by the Hershey Company:

• Hershey Milk Chocolate bars;
• Hershey Cookies n’ Cream bars;
• Hershey’s Kisses;
• Reese’s Peanut Butter Cups;
• Reese’s Pieces;
• Almond Joys;
• Mounds; and
• KitKat bars.

The lawsuit claims the use of PFAS in the chocolate bars’ packaging makes them unsafe for human consumption. Consumers would not have bought the products had Hershey disclosed that they contained dangerous substances, the complaint argues.

Exposure to PFAS, which are nicknamed “forever chemicals” due to their ability to resist breaking down in the environment, has been associated with various types of cancer, decreased fertility, thyroid problems, an increased risk of asthma and other health problems, the filing relays. In light of this, the intended use of PFAS in food packaging was banned by the U.S. Federal Food and Drug Administration in February 2024, the case says.

Per the filing, PFAS typically originate from anti-grease and anti-soak coatings used in packaging, which the complaint contends “serve no direct function” since wrappers usually do not need to be extra resistant to grease or water.

“Given the now heightened awareness of PFAS in the industry generally and in food packaging in particular, Hershey is undoubtably aware of the seriousness of PFAS, and is or should be monitoring or correcting the contamination of PFAS in its product wrappers and disallowing use of any contaminated wrappings,” the suit charges. “This is particularly so in that the PFAS within its wrappers are not necessary, are unsafe and have been banned by the FDA.”

The Hershey Company PFAS lawsuit looks to represent anyone in the United States, its territories and possessions who, within the applicable statute of limitations period, paid any amount of money for the products listed on this page for personal, family or household use.

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