Class Action Lawsuit Says Toxic Arsenic Levels Detected in Several Popular Ferrara Candy Brands

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A proposed class action lawsuit claims that the Ferrara Candy Company has failed to warn consumers that a number of its popular treats contain highly toxic levels of arsenic.

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The 38-page lawsuit contends that several popular Ferrara candies—including Black Forest Gummy Bears, Laffy Taffy, NERDS, Sweet Tarts, Sweet Tarts Ropes, and Trolli gummy candies—are contaminated with toxic levels of arsenic that greatly exceed recommended consumption limits. For instance, the suit says, testing done in Florida revealed that six 15-ounce boxes of NERDS contain more arsenic than what a child should consume annually, and one movie-sized box contains as much arsenic as a child should consume in a year.

“This is an incredible level of arsenic that, unlike in other instances of food contamination, far surpasses toxic limits with ease,” the complaint reads.

The lawsuit relies on data ascertained via independent testing conducted by the state of Florida as part of its initiative to create “clean and transparent food systems” for the public. In particular, the Florida laboratory analyzed samples of 10 different Ferrara candies bought at “common retailers” in the state, and utilized vetted quality-assurance testing methods to determine trace elements of arsenic, the complaint describes.

According to the lawsuit, eight out of 10 Ferrara candy varieties tested positive for “toxic levels of arsenic,” with some of the worst offenders being Sweet Tart Ropes, which, the case says, exceed yearly arsenic levels in less than half of the package; Banana Laffy Taffy, which exceed yearly arsenic levels in just four pieces; and NERDS products, which exceed yearly arsenic levels in one movie-theater sized box.

“Toxic contaminants find their way into the food supply through a failure to monitor and eliminate them,” the complaint asserts.

Related Reading: Girl Scout Cookies Lawsuit Alleges Treats Contain ‘Problematic’ Levels of Toxic Weed Killer, Heavy Metals

The lawsuit highlights concerns brought by many major health agencies, including the Food and Drug Administration (FDA) and the World Health Organization (WHO), which consider arsenic to be a known carcinogen and link exposure to an array of other symptoms, including nausea, vomiting, diarrhea, muscle weakness, cramping, skin rashes and increased risk of infections.

The health agencies, along with the American Academy of Pediatrics, stress that any level of arsenic consumption is dangerous for children, the complaint emphasizes.

The class action lawsuit stresses that the labels of Ferrara candies have no mention or disclosure about potential arsenic contamination and, the suit claims, are marketed in a way that undoubtedly appeals to children.

“With colorful and cartoonish designs and fun product names, Defendant knows that its target demographic for consumption is children,” the complaint argues.

Despite the Florida lab test results, no recall has been issued for any Ferrara candies, and the National Confectioners Association, the largest candy trade association in the United States, has denied the findings in the state’s testing, the case says.

The Ferrara candy class action lawsuit looks to represent all consumers in the United States who purchased any of the products listed on this page (Black Forest Gummy Bears, Laffy Taffy, NERDS, Sweet Tarts, Sweet Tarts Ropes, and Trolli gummy candies) at any time from the beginning of any applicable statute of limitations period to the date of judgment, or until the alleged conduct stops.

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