Hershey Halloween Candy Lawsuit, $5M PFAS Chemical Claims Still Active While Design Case Dismissed
Hershey is facing multiple Halloween candy lawsuits with dramatically different outcomes. While a federal judge just dismissed a $5 million class action claiming Reese’s Halloween candies lacked advertised spooky designs, a separate and more serious lawsuit alleging toxic PFAS “forever chemicals” in candy wrappers remains active and could affect millions of consumers.
Key Updates (September 25, 2025):
- Design lawsuit dismissed – Judge ruled no economic harm from missing decorative details
- PFAS chemical lawsuit ongoing – Claims involve cancer-linked chemicals in wrappers
- Multiple class actions filed across different states
- Independent testing reveals high PFAS levels in popular Hershey products
If you’ve purchased Hershey Halloween candy, particularly products with wrappers, you may be affected by the ongoing PFAS litigation.
Table of Contents
What Are the Hershey Halloween Candy Lawsuits About?
1. Dismissed Design Lawsuit (September 2025)
U.S. District Judge Melissa Damian ruled on Friday that plaintiffs did not show they suffered economic harm because their pumpkin-shaped candies, which they thought would contain “artistic carvings” of triangular eyes and crooked mouths, were blank.
Products involved:
- Reese’s Peanut Butter Pumpkins
- Reese’s Ghosts
- Reese’s Footballs
- Bat-shaped candies missing eyes
- Ghost-shaped candies missing facial features
Lawsuit outcome: The class-action complaint, filed in 2024 by Cynthia Kelly of Tampa Bay in Florida’s Middle District Court, sought at least $5 million in damages but was ultimately dismissed.
2. Active PFAS Chemical Lawsuit (Ongoing)
The more serious ongoing litigation involves allegations that the packaging of some Hershey candies contains unsafe levels of chemicals known as fluorine and/or per- and polyfluoroalkyl substances (PFAS), with independent tests reportedly finding “high levels of banned PFAS” in Hershey’s packaging.
Health concerns: PFAS are synthetic chemicals known for their persistence in the environment and potential health risks, including cancer, liver damage and decreased fertility.
Which Hershey Products Contain PFAS Chemicals?
Based on independent testing cited in the lawsuits, PFAS chemicals were found in wrappers of:
🍫 Affected Products:
- Hershey’s Milk Chocolate Bars
- Reese’s Peanut Butter Cups
- Reese’s Pieces
- Various Halloween-themed chocolates
- Products with anti-grease packaging
Grizzly Research published an independent research report in October 2024, finding PFAS chemicals in the wrappers of these popular products.
🔬 What Are PFAS Chemicals?
PFAS represents manmade chemicals that have been used in manufacturing and consumer products since the 1940s. Key facts:
- Known as “forever chemicals” because they don’t break down naturally
- PFAS, or “forever chemicals,” are carcinogenic, and a ban or phase-out for plastic food and candy packaging was introduced until 2024 in at least 13 U.S. states
- The intended use of PFAS in food packaging was banned by the U.S. Federal Food and Drug Administration in February 2024
- Children are especially vulnerable to PFAS toxins
Who Can Join the PFAS Lawsuit?
You may be eligible if you:
✅ Eligibility Criteria:
- Purchased Hershey products with wrappers containing PFAS chemicals
- Bought products after learning of PFAS risks (primarily 2024-2025)
- Relied on Hershey’s safety claims when making purchases
- Consumed products regularly leading to potential exposure
- Have children who consumed PFAS-containing products
Parish purchased Hershey’s Milk Chocolate Bar and Reese’s Pieces in early 2024 and relied on the company’s assurances that its products were safe and sustainable – this represents the typical plaintiff profile.
Current Status of Hershey PFAS Lawsuits
📅 Timeline Update (September 2025):
2024:
- October 29: First PFAS lawsuit filed
- October 2024: Independent testing reveals high PFAS levels
- November 2024: Additional class actions filed in multiple states
2025:
- April: Consolidated class action filed claiming candy wrappers contain unsafe PFAS levels
- July: FDA deadline for PFAS phase-out in food packaging passed (June 30, 2025)
- September: Design lawsuit dismissed, PFAS cases continue
🏛️ Legal Proceedings:
- Multiple federal courts handling different PFAS cases
- Consolidation efforts underway for similar claims
- Discovery phase ongoing for chemical testing evidence
- No settlement announced yet
Potential Compensation from PFAS Lawsuit
While specific settlement amounts haven’t been determined, similar PFAS cases suggest:
💰 Potential Damages:
- Medical monitoring costs for PFAS exposure
- Refunds for products purchased containing PFAS chemicals
- Health testing expenses related to PFAS exposure
- Pain and suffering for potential health impacts
- Punitive damages if deceptive practices are proven
📊 Comparable Cases:
Other PFAS food packaging lawsuits have resulted in settlements ranging from millions to hundreds of millions, depending on the number of affected consumers and health impacts.
How to Join the Hershey PFAS Lawsuit
Step 1: Document Your Purchases
Gather evidence of Hershey product purchases:
- Receipt copies from 2024-2025
- Photos of products with PFAS-containing wrappers
- Purchase locations and dates
- Medical records if health concerns exist
Step 2: Contact Class Action Attorneys
Several law firms are handling Hershey PFAS cases:
- Search for “Hershey PFAS lawsuit attorneys”
- Consult firms experienced in food contamination cases
- Most work on contingency fee basis (no upfront costs)
Step 3: Monitor Case Developments
- Court docket updates for consolidated cases
- Settlement negotiations announcements
- Claim form availability when settlements occur
Step 4: Health Monitoring
Consider PFAS blood testing if you:
- Consumed large quantities of affected products
- Have health concerns related to PFAS exposure
- Want documentation for potential medical claims
Why the Design Lawsuit Failed (Lessons Learned)
Judge Melissa Damian ruled that the plaintiffs did not show they suffered economic harm because their pumpkin-shaped candies lacked decorative details shown on labels.
Key Legal Points:
- No economic harm proven – consumers got the candy they paid for
- Reasonable consumer expectations – decorative details weren’t essential
- Product functionality – candies served their intended purpose
- Marketing vs. reality – packaging images deemed acceptable advertising
This dismissal doesn’t affect the PFAS chemical lawsuits, which involve actual health and safety concerns.
What Hershey Must Change Going Forward
🔬 PFAS Compliance Requirements:
The FDA finalised a voluntary phase-out of PFAS-based grease-proofing agents and in January 2025, formally revoked 35 Food Contact Notifications. Companies were given until 30 June to exhaust remaining stock.
Required changes:
- PFAS-free packaging for all new products
- Testing and certification of wrapper materials
- Supply chain monitoring for chemical compliance
- Consumer notification of packaging changes
Frequently Asked Questions
What’s the difference between the two Hershey lawsuits?
The design lawsuit (dismissed) claimed Halloween candies lacked decorative details shown on packaging. The PFAS lawsuit (ongoing) alleges toxic chemicals in candy wrappers pose health risks.
Are Hershey Halloween candies safe to eat?
The concern isn’t with the candy itself but with PFAS chemicals potentially migrating from wrappers. The candy inside is considered safe, but wrapper contact may pose risks.
How do I know if my Hershey products contain PFAS?
Independent testing by Grizzly Research found PFAS in wrappers of popular Hershey products. Products with anti-grease packaging are most likely to contain PFAS chemicals.
Can I still join the PFAS lawsuit?
Yes, the PFAS litigation is ongoing. Contact class action attorneys handling these cases to discuss your eligibility and potential claims.
What health risks do PFAS chemicals pose?
PFAS are known for potential health risks, including cancer, liver damage and decreased fertility. Long-term exposure is the primary concern.
Will Hershey recall products with PFAS?
No recalls have been announced. The company is expected to transition to PFAS-free packaging following the FDA ban that took effect in 2024-2025.
What to Do If You’ve Consumed Affected Products
⚠️ Immediate Steps:
- Stop purchasing products with potentially PFAS-containing wrappers
- Save documentation of past purchases
- Consider PFAS testing if you have health concerns
- Monitor lawsuit developments for claim opportunities
🔍 Health Monitoring:
- Blood tests can detect PFAS levels
- Medical consultation for exposure concerns
- Documentation of health impacts for legal claims
Expert Legal Perspective
Consumer protection attorneys note that PFAS lawsuits represent a growing area of litigation as awareness of “forever chemical” risks increases. Unlike the dismissed design lawsuit, chemical contamination cases often result in significant settlements due to genuine health concerns.
The timing is particularly significant given the FDA’s 2024 ban on PFAS in food packaging, which strengthens legal arguments that companies should have known about the risks.
Conclusion: Stay Informed About Both Cases
While Hershey successfully defeated the Halloween design lawsuit, the PFAS chemical litigation represents a much more serious legal and health issue. The presence of toxic “forever chemicals” in candy wrappers could affect millions of consumers, particularly children who are more vulnerable to PFAS exposure.
Your Next Steps:
- Document any Hershey purchases with potentially affected wrappers
- Monitor legal developments in the ongoing PFAS cases
- Consider health testing if you have exposure concerns
- Consult attorneys if you believe you’ve been harmed
The PFAS lawsuit is expected to be one of the more significant food contamination cases, given the widespread use of these chemicals and growing awareness of their health risks. Don’t let this opportunity pass if you’ve been affected by PFAS exposure from Hershey products.
Last Updated: September 25, 2025 | Sources: Federal Court Records, FDA Announcements, Independent Testing Results
This article provides information based on current legal proceedings and does not constitute legal advice. Lawsuit outcomes and settlement amounts are subject to court proceedings and may change. Always consult qualified attorneys for specific legal guidance about your situation.
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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