American chocolate lovers are suffering from a sweet toothache, as Hershey's Company and Let's Buy British Imports (LBB) agreed this week to stop importing all Cadbury's chocolate made overseas in a trademark infringement settlement.
Jeff Beckman, a representative for Hershey's, said LBB imported products not intended for sale in the U.S. and infringed on its trademark and trade dress licensing, reported New York Times.
In the settlement LBB agreed to stop imports on KitKat bars made in Britain; Toffee Crisps, Yorkie chocolate bars and Maltesers.
These British-made chocolates are wrapped in packaging that too closely resemble Hershey's chocolates, according to the settlement. For example, the Toffee Crisps have orange packaging with yellow-lined brown script, which closely resembles the packaging for Hershey's Reese's Peanut Butter Cups, reported NYT.
"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," Beckman told NYT.
Though Cadbury's cannot be imported to the U.S. under the new agreement, Hershey's can still manufacture the iconic Cadbury's bar for American consumption under a 1988 licensing agreement, the Independent reported.
But this isn't enough chocolate connoisseurs, as they say there is a big difference in the taste of the chocolate manufactured in Britain and the U.S.
Chocolate from Britain has a higher fat content because it contains vegetable fats and different emulsifiers as well as fudgier milk. The same chocolate manufactured in the U.S. has more sugar, includes PGPR and soy llecithin (additives that give it a longer shelf life), as well as American milk.
An informal blind taste test comparing Cadbury Dairy Milk bars shows that the chocolate made in Britain is preferred over the American-made chocolate, reported NYT.
