| Big Chocolate
Must Pay!
HERSHEY, PA--In one of the largest product-liability rulings
in U.S. history, the Hershey Foods Corporation was ordered by
a Pennsylvania jury Monday to pay $135 billion in restitution
fees to 900,000 obese Americans who for years consumed the company's
fattening snack foods.
"Let this verdict send a clear message to Big Chocolate,"
said Pennsylvania Attorney General Andrew Garsten, addressing
reporters following the historic ruling. "If you knowingly
sell products that cause obesity, you will pay."
The five-state class-action suit accused Hershey's of "knowingly
and willfully marketing rich, fatty candy bars containing chocolate
and other ingredients of negligible nutritional value."
The company was also charged with publishing nutritional information
only under pressure from the government, marketing products
to children, and artificially "spiking" their products
with such substances as peanuts, crisped rice, and caramel to
increase consumer appeal.
Above: Lawyers for the Hershey Corporation announce plans
to appeal the court's decision. Jurors took less than five hours
to reach the decision following a two-year trial covering nearly
one million snackers in Pennsylvania, Florida, New Hampshire,
Arizona, and Texas. A majority of the unprecedented punitive
damages will go toward obesity victims and their immediate families.
The remainder will be funneled into weight-loss and youth-snacking
prevention programs.
"This is a vindication for myself and all chocolate victims,"
said Beaumont, TX, resident Earl Hoffler, holding a picture
of his wife Emily, who in 1998 succumbed to obesity after nearly
40 years of chocoholism. "This award cannot bring Emily
back, but I take some comfort knowing that her tragic, unnecessary
death did not go unpunished."
Hoffler's teary-eyed account of his wife's brave battle against
chocolate was widely regarded as the emotional high point of
the trial. First introduced to Hershey's chocolate as a young
trick-or-treater, Emily quickly developed a four-bar-a-day habit,
turning in adulthood to Hershey's Special Dark, a stronger,
unfiltered form of the product. By age 47, she had ballooned
to 352 pounds and was a full-blown chocoholic. What little savings
the family had was drained by Weight Watchers memberships, Richard
Simmons videotapes, and Fat Trapper pills, all of which proved
futile and only prolonged the Tofflers' agonizing ordeal.
Equally pleased by the ruling was Mel Brewer of Phoenix, whose
father received free chocolate as a soldier during World War
II.
Above: Just one of the millions of victims of the chocolate
confectionary industry. "Dad came back from Europe hooked,"
Brewer said. "Before long, he was going through a case
of Mounds and Mr. Goodbars a week. He wouldn't eat ice cream
without Hershey's chocolate syrup and crushed Heath bars on
it. He died of a heart attack at age 54 weighing 415 pounds."
With litigation pending against the nation's top five chocolate
makers, including a $102 billion Mississippi suit against Nestle,
the entire industry is on alert. Big Chocolate has already suffered
numerous major setbacks in recent years. In 1997, a California
judge ordered chocolate manufacturers to fund $27 billion in
education programs to prevent youth chocolate consumption. In
1999, a federal judge prohibited chocolate advertising on TV
and billboards and banned the use of cartoon imagery in advertising.
In addition, the judge ruled that a warning label must be placed
on all chocolate products reading, "The Surgeon General
Has Determined That Eating Chocolate May Lead To Being Really
Fat."
Lawyers for the Hershey Corporation said the company intends
to appeal the decision, which could drive the price of a 1.4-ounce
pack of Rolos as high as $1.29.
"Adult consumers know the risks involved in using our
products," Hershey's chief counsel Marvin Black said. "They
know that if not used in a responsible manner, there can be
some negative consequences. But this is true of anything in
life. Further, the decision to use our products is one that
has always been left up to the individual. The Hershey Corporation
has never forced anyone to use its products, nor has it ever
intentionally added substances to its candies to increase addictiveness.
If consumers are hooked, it is only because of said candy's
overwhelmingly delicious chocolate goodness."
Whatever the outcome of the Hershey's appeal, the chocolate
industry has irrevocably changed as a result of Monday's verdict.
"For over a century, Hershey's has lived
off the fat of the land," Erie, PA, claimant Pamela Schiff
said. "Now it's time to pay us back."
Submitted by Ric Chetter (author
unknowm)
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