Cadbury, Hershey, Nestle and Mars: $23.2 million price fixing class action suit

by Liliane on September 17, 2013


Class action lawsuits were started across Canada against Cadbury, Hershey, Nestlé and Mars entities, and ITWAL Limited (a distributor). The lawsuits claim that the defendants conspired to fix or maintain prices for chocolate products in Canada, causing chocolate buyers to pay artificially high prices for chocolate products.

The class action lawsuits have now been settled.  Together, the defendants, Cadbury Adams Canada Inc., Hershey Canada Inc., Nestlé Canada Inc., and Mars Canada Inc., paid $23.2 million for the benefit of persons who bought Cadbury, Hershey, Nestlé and/or Mars chocolate products in Canada during the relevant period.

If you purchased at least $1,000 in chocolate products between Oct. 1, 2005, and Sept. 30, 2007, you are eligible to make a claim for direct monetary compensation.  To make a claim, you don’t need to provide purchase records, however, without any records, your claim is capped at $50.  Keep in mind that those purchases could include things like chocolate for Halloween, for Christmas, for Easter or simply chocolate that you bought on a regular basis during that two year period.  Thinking back to all those purchases, that certainly can add up quickly.

Here is the list of the brands that are included:

“Chocolate Products” are defined as Cadbury, Hershey, Mars or Nestlé chocolate confectionary products.

In Canada, Cadbury Adams, Hershey Canada, Mars Canada and Nestlé Canada sell chocolate confectionary products under the following brand names:

• Cadbury Adams: Dairy Milk, Crunchie, Crispy Crunch, Wunderbar, Mr Big, Caramilk, Flake, Cream Egg, Mini Eggs

• Hershey Canada: Hershey, Hershey’s Kisses, Oh Henry!, Reese, Skor, Eat-More, Glossette, Pot of Gold

• Mars Canada: Mars, Twix, M&Ms, Maltesers, Snickers, Bounty, 3 Musketeers, Dove

• Nestlé Canada: Areo, Big Turk, Butterfinger, Coffee Crisp, Kit Kat, Mirage, Nestlé Crunch, Rolo, Smarties, Turtles, After Eight, Black Magic, Quality Street

Consumers who are not eligible to make a claim will be indirectly compensated by way of contributions to non-profit organizations, as these four companies will be making a 10% donation to non-profit organizing to promote competition, consumer education and advocacy in Canada.

The deadline to submit a claim is December 15, 2013. You will need to provide your banking information if you want to submit a claim.  Click here to submit a claim on the Chocolate Class Action website.

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