Per- and polyfluoroalkyl substances (PFAS) – otherwise known as “forever chemicals” for sometimes taking hundreds or thousands of years to break down – are a top line issue for many industries going forward, and that includes promotional products.

A new class action lawsuit filed in the last week of October alleges that The Hershey Co. has allowed unacceptably high levels in the wrappers of its popular candies.

  • PFAS represents manmade chemicals that have been used in manufacturing and consumer products since the 1940s.
  • They have been proven to have the potential to cause health risks such as cancer, hypertension, high cholesterol and other issues.


In the lawsuit, which was filed just before parents were to allow their children to eat dozens of candies for Halloween, Louisiana resident Jonathan Parish claims that third-party testing proves that there are “alarmingly high levels” of PFAS in the packaging of Kisses, Reese’s Peanut Butter Cups, Reece’s Pieces and KitKat Bars.

Increasing Concerns Over PFAS

A number of promo suppliers have incorporated Hershey products into their offerings and thus should keep an eye on the developments and veracity of the lawsuit.

“As the third-party testing reported, the significant signal in the data is that many of the products are highly contaminated, and from a toxicological standpoint, Hershey’s products seem much worse than testing performed on competing products,” Parish’s suit states. “Troublingly, none of the confectionery products should have contained any PFAS or fluorine in their wrappers, or the products themselves (due to exposure of the wrappers).”


It is an issue that the industry will not be allowed to ignore, as the Environmental Protection Agency has issued reporting requirements for PFAS chemicals. Similarly, Canada recently enacted new PFAS reporting rules.

Earlier this year, a worldwide study found that more PFAS than was previously thought was found to be in water supplies. Studies and lawsuits bringing more attention to PFAS both underscores the size of the problem, as well as increases the likelihood of strict enforcement of reporting rules.