Hershey Must Face Deception Suit Over Dark Chocolate Labels

Hershey Co. will continue to face a proposed class suit alleging it deceptively touts some dark chocolate products as having “no artificial flavors” when they contain an undisclosed synthetic flavoring agent.

Howard Clark and others raised a fact question concerning whether synthetic malic acid, which imparts tartness, serves as a flavor in the candymaker’s Brookside Dark Chocolate products, the U.S. District Court for the Northern District of California said.

Hershey contends the malic acid was used to balance acid levels and properly gel the fruit center of the chocolate-covered candies.

But plaintiffs offered information from which a jury could find ...