No more Cadbury chocolate in America thanks to Hershey's

iBlazed

macrumors 68000
Original poster
Feb 27, 2014
1,593
1,224
New Jersey, United States
Because capitalism. Hershey's is officially on my ****-list. I don't take kindly to this type of market manipulation. They clearly just don't want people tasting anything other than their inferior chocolate. No more Hershey's for me, I'll be switching to Ghirardelli for my American chocolate needs despite the higher costs.

As a result of a settlement with the Hershey’s Company, Let’s Buy British Imports, or L.B.B., agreed this week to stop importing all Cadbury’s chocolate made overseas. The company also agreed to halt imports on KitKat bars made in Britain; Toffee Crisps, which, because of their orange packaging, and yellow-lined brown script, too closely resemble Reese’s Peanut Butter Cups; Yorkie chocolate bars, which infringe on the York peppermint patty; and Ms. Perry’s beloved Maltesers.

Jeff Beckman, a representative for Hershey’s, said L.B.B. and others were importing products not intended for sale in the United States, infringing on its trademark and trade dress licensing. For example, Hershey’s has a licensing agreement to manufacture Cadbury’s chocolate in the United States with similar packaging used overseas, though with a different recipe.

“It is important for Hershey to protect its trademark rights and to prevent consumers from being confused or misled when they see a product name or product package that is confusingly similar to a Hershey name or trade dress,” Mr. Beckman said in an email.

What many Britons and British-chocolate lovers are most incensed about is the difference in taste between chocolate made in Britain and chocolate made in the United States.

Chocolate in Britain has a higher fat content; the first ingredient listed on a British Cadbury’s Dairy Milk (plain milk chocolate) is milk. In an American-made Cadbury’s bar, the first ingredient is sugar.
 

decafjava

macrumors 68040
Feb 7, 2011
3,148
2,570
Geneva
I live in Switzerland and am very very sorry for you. I've heard that Ghirardelli is good chocolate however. We also can get UK chocolate and confections and even ... Belgian chocolate too without the Swiss chocolate makers trying to ban them. :p
 

mojolicious

macrumors 68000
Mar 18, 2014
1,563
310
Sarf London
It sounds like a lot of effort just to stop specialist 'ex pat shops' from selling a comparatively tiny volume of confectionary.
 

vrDrew

macrumors 65816
Jan 31, 2010
1,317
11,830
Midlife, Midwest
No, its about protecting trademark names.

Many of the UK trade names conflict with those of existing US products - the British Yorkie with the well-known York Peppermint Patty, among several others.

If a trademark holder doesn't aggressively go after companies that violate their trademarks, they risk losing control of them.

I agree its an unfortunate situation. But its not impossible to obtain genuine UK Cadbury if you really want it. You just have to make your own arrangements with people traveling to the UK, and ask them to bring you back a few bars in their suitcase. I don't think the customs people are going to jail anyone for a couple of candy bars, no matter how delicious they may be.
 

luvmymbpr

macrumors regular
Mar 6, 2014
103
4
Hershey has really turned in to a horrible company.

I also agree that their chocolate sucks.
 

Arran

macrumors 601
Mar 7, 2008
4,353
2,725
Atlanta, USA
No, its about protecting trademark names.

Many of the UK trade names conflict with those of existing US products - the British Yorkie with the well-known York Peppermint Patty, among several others.
I don't think it's entirely about protecting trade names. The "confused consumer" argument really doesn't stick here:
 

Attachments

Arran

macrumors 601
Mar 7, 2008
4,353
2,725
Atlanta, USA
...But its not impossible to obtain genuine UK Cadbury if you really want it. You just have to make your own arrangements with people traveling to the UK, and ask them to bring you back a few bars in their suitcase....
Is there an iPhone app for that? (To connect travelers with consumers)

A sort-of Uber for chocolate imports? :)
 

luvmymbpr

macrumors regular
Mar 6, 2014
103
4
I don't think it's entirely about protecting trade names. The "confused consumer" argument really doesn't stick here:
The biggest rip off in chocolate history is the baby Ruth bar. They claimed it was named after the presidents niece or some crap. We all know it was named after the great babe Ruth.
 

MagicBoy

macrumors 68040
May 28, 2006
3,845
842
Manchester, UK
I also agree that their chocolate sucks.
I wouldn't call it chocolate - it's "candy". Hersheys is like tasteless sweet brown plastic. Horrible stuff.

That said, our European cousins tried to get Cadburys chocolate banned for having less cocoa content than say Belgian/Swiss chocolate a few years ago.

I'm decided I'm going to buy some Bournville dark chocolate and make some Brownies tonight. Nom.
 

vrDrew

macrumors 65816
Jan 31, 2010
1,317
11,830
Midlife, Midwest
The biggest rip off in chocolate history is the baby Ruth bar..
I guess that case probably explains why companies (and individual celebrities) do have to be so aggressive about protecting their trademarks. (Babe Ruth shoulda got a better lawyer.)

So you won't see an "A-Rod" fishing poles or suspension components (without the necessary endorsement).

No one is going to confuse fishing gear or car parts with a well known baseball player, but that does not change the right that those individuals have under US law to protect their intellectual property.

RE: An App designed to help people connect with travelers to import "gray market" grocery items sounds like a good idea. But I'm pretty sure you'd run into problems sooner or later.
 

sim667

macrumors 65816
Dec 7, 2010
1,365
2,826
Ironically I don't mind hershey's kisses....

but in all honesty hershey chocolate isn't a patch on cadbury's.
 

luvmymbpr

macrumors regular
Mar 6, 2014
103
4
I wouldn't call it chocolate - it's "candy". Hersheys is like tasteless sweet brown plastic. Horrible stuff.

That said, our European cousins tried to get Cadburys chocolate banned for having less cocoa content than say Belgian/Swiss chocolate a few years ago.

I'm decided I'm going to buy some Bournville dark chocolate and make some Brownies tonight. Nom.
Their primary product is chocolate. If you go to their webpage, it's Hershey's chocolate. They have a ride called the Hershey's chocolate world.
 

Huntn

macrumors demi-god
May 5, 2008
17,031
16,493
The Misty Mountains
Jeff Beckman, a representative for Hershey’s, said L.B.B. and others were importing products not intended for sale in the United States, infringing on its trademark and trade dress licensing. For example, Hershey’s has a licensing agreement to manufacture Cadbury’s chocolate in the United States with similar packaging used overseas, though with a different recipe.
I have to assume it was an exclusive agreement? What I find unacceptable is that the owners of Cadbury allowed Hershey to use the Cadbury name but use a different recipe? They allowed their own product name to be undermined.
 
Last edited:

Huntn

macrumors demi-god
May 5, 2008
17,031
16,493
The Misty Mountains
I live in Switzerland and am very very sorry for you. I've heard that Ghirardelli is good chocolate however. We also can get UK chocolate and confections and even ... Belgian chocolate too without the Swiss chocolate makers trying to ban them. :p
See's Chocolate based in California is excellent. That can be also purchased online and at kiosks in malls around the country.

For Hershey's, I like York Peppermint Patties, Almond Joys, M&Ms and Hershey almond chocolate bars, but acknowledge that their chocolate bar, is not as good as other chocolate brands, for lack of a better description, on the chalky side. Acquired taste? ;)
 

LizKat

macrumors 603
Aug 5, 2004
5,316
29,759
Catskill Mountains
Who'd have thought we'd have to revert to bootlegging in the 21st century? Silly me, I thought I heard government spokesmen the world 'round say that consumers would have more choices, not fewer, in the era of "global trade."
 

D.T.

macrumors G3
Sep 15, 2011
8,918
6,695
Vilano Beach, FL
See's Chocolate based in California is excellent.
Yeah, we have pretty amazing, small, boutique shops in my area, if you want _good_ chocolate that’s where to go (though we don’t eat much, if any really) and you’re also supporting small business. :cool:
 

mojolicious

macrumors 68000
Mar 18, 2014
1,563
310
Sarf London
Who'd have thought we'd have to revert to bootlegging in the 21st century?
I used to buy middle aged man's Levi's from JP Penney online. Around five years ago Levi's stopped US retailers from shipping their jeans internationally. I now have to get them sent to a friend in New Jersey who then forwards them to me.

Levi's Europe want to only sell a hundred different variations of the 501 for $120 and up, and they're afraid I'll devalue the brand by walking around in fat bastard fit 550s and 560s at a third of that price.

Slight diversion. Sorry.