Lily’s Chocolate Misleadingly Advertised as ‘Stevia Sweetened,’ Class Action Alleges

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A proposed class action lawsuit claims the Hershey Company has misled consumers by falsely marketing its Lily’s chocolate products as “Stevia Sweetened.”

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According to the 28-page lawsuit, the front labels of numerous Lily’s products—including chocolate bars, baking chips, baking bars, chocolate popcorn, dark chocolate almonds, chocolate caramels, chocolate peanuts, chocolate peanut butter cups and tasting squares—prominently claim that the items are sweetened with Stevia, a natural sugar alternative with proven health benefits that’s regarded as a healthier, higher-value sweetener.

However, the suit alleges that despite the front-label representation, the Lily’s chocolate products are primarily sweetened with erythritol, a cheaper, more processed sugar alternative in comparison to Stevia. Per the case, the products’ ingredients lists indicate that they contain much more erythritol than Stevia, which is included among the last few components in each of the lists.

Studies show that consumption of erythritol may be disruptive to gut health and increase the risk of heart attack and stroke, the complaint relays. It can also cause adverse side effects, such as digestive issues, diarrhea, nausea, bloating, headaches and more, the filing says.

The lawsuit contends that the “Stevia Sweetened” claim is misleading because reasonable consumers would understand it to mean the products are predominantly, if not entirely, sweetened with the ingredient, which the complaint says is known to be high in antioxidants and can be used to treat immune diseases, diabetes, cancer, high blood pressure, obesity and kidney disorders.

As the suit tells it, consumers who see the “Stevia Sweetened” representation would not expect the chocolate products to instead get their sweetness from erythritol, which is not disclosed in the ingredients list as a sweetener and is an unrecognizable substance to the average shopper.

Moreover, the packaging’s “No Sugar Added” claim alongside the statement that Lily’s products are “Stevia Sweetened” adds to the deception, the case charges, arguing that consumers are given “only a single piece of information on the front of the Product packages as to the sweetener used as an alternative to sugar: Stevia.”

The Hershey Company, with full knowledge that consumers will pay a price premium for items that are sweetened with Stevia, has misrepresented Lily’s chocolate products for its own commercial benefit and at the expense of unsuspecting shoppers, the complaint alleges.

The lawsuit looks to represent anyone in the United States who has purchased Lily’s products at any time since March 8, 2020.

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