A January 2026 investigation by the Florida Department of Health confirmed that certain candies contain alarming levels of arsenic, a known health hazard, especially for young children. If you purchased Sour Patch Kids, Jolly Ranchers, Nerds, Swedish Fish, or other candy that tested high for arsenic, you may be eligible to pursue compensation through a class action lawsuit.
Contact Wisner Baum today or call (310) 207-3233 to see if you qualify for the candy class action.
What Did the Florida Heavy Metals in Candy Testing Find?
Out of 46 candy products tested from 10 major manufacturers, state investigators detected arsenic in 28 of them—more than 60 percent. The contaminated products include some of the most recognizable names in the American candy aisle, including but not limited to:
- Jolly Ranchers
- Kit Kat
- Nerds
- Skittles
- Snickers
- Sour Patch Kids
- Swedish Fish
- Tootsie Rolls
- Twizzlers
These are popular candy brands that appear in Halloween bags, Easter baskets, movie theater concession stands, and birthday party favor bags nationwide. Concerned by the recent revelations, Wisner Baum is pursuing a class action lawsuit against manufacturers who sold products containing elevated levels of arsenic. The firm brings unparalleled experience to this emerging litigation, drawing on our leadership role in the ongoing toxic baby food lawsuits, where we represent thousands of families alleging that heavy metals in baby food caused neurological harm to children.
Candy With Elevated Arsenic Levels
The Florida Department of Health identified the following candies as containing arsenic at elevated levels. If you purchased any of these products, you may qualify for the candy class action lawsuit:
- Tootsie Fruit Chew Lime (570 ppb arsenic) – Tootsie Roll Industries
- Jolly Rancher Hard Candy Sour Apple (540 ppb) – Hershey Company
- Twizzlers Watermelon (510 ppb) – Hershey Company
- Twizzlers Strawberry (500 ppb) – Hershey Company
- Nerds Gummy Clusters (500 ppb) – Ferrara Candy Company
- Laffy Taffy Banana (480 ppb) – Ferrara Candy Company
- Sour Patch Kids (470 ppb) – Mondelēz International
- Nerds Strawberry (450 ppb) – Ferrara Candy Company
- Trolli Sour Brite Crawlers (430 ppb) – Ferrara Candy Company
- Dots (430 ppb) – Tootsie Roll Industries
- Sour Patch Kids Tropical (420 ppb) – Mondelēz International
- Sour Patch Kids Watermelon (420 ppb) – Mondelēz International
- SweeTarts Original (400 ppb) – Ferrara Candy Company
- SweeTarts Rope (390 ppb) – Ferrara Candy Company
- Nerds Grape (380 ppb) – Ferrara Candy Company
- Tootsie Roll (380 ppb) – Tootsie Roll Industries
- Black Forest Gummy Bears (370 ppb) – Ferrara Candy Company
- Tootsie Roll Vanilla (370 ppb) – Tootsie Roll Industries
- Original Skittles (370 ppb) – Mars
- Twizzlers Cherry (350 ppb) – Hershey Company
- Snickers (350 ppb) – Mars
- Jolly Rancher Hard Candy Strawberry (320 ppb) – Hershey Company
- Hershey's Cookies 'N' Creme (280 ppb) – Hershey Company
- 3 Musketeers (240 ppb) – Mars
- Kit Kat (230 ppb) – Nestlé
- Swedish Fish (220 ppb) – Mondelēz International
Notably, several products tested free of elevated arsenic, including Hershey Milk Chocolate Bars, Reese's Peanut Butter Cups, Whoppers, M&M's, Twix, Milky Way, and organic alternatives from brands like Yum Earth, Unreal, and Annie's—demonstrating that safer sourcing and manufacturing practices are possible.
The National Confectioners Association has pushed back on Florida's findings, claiming the state's methodology does not align with federal standards. But the association's defense—that candy is “safe to eat” because it has “been enjoyed for centuries”— sidesteps the central issue: consumers were never told these products contained arsenic at levels that exceed what is considered safe annual exposure for children.
Whether or not the U.S. Food and Drug Administration (FDA) has set formal limits for candy, parents deserve to know what is in the food they buy for their kids.
What is the Heavy Metals in Candy Class Action Lawsuit and How Does It Work?
The candy class action lawsuit allows a large group of people who have been harmed in similar ways by the same company (or companies) to join together and pursue justice collectively. Instead of thousands of individuals filing separate lawsuits against candy companies—which would be impractical and expensive—this class action enables people to file claims on behalf of everyone affected, known as the “class.”
This approach is particularly powerful when individual losses may be relatively small (the amount paid for candy products), but the collective harm is substantial. Consider: if you paid for candy that you would not have had the company adequately warned about certain dangers, it would not make sense to hire an attorney and file an individual lawsuit to recover the money you spent. But when many thousands or even millions of consumers have been similarly deceived, a class action allows everyone to seek accountability together. It also sends a clear message to corporations that failing to warn about known dangers will not be tolerated.
In the toxic candy class action, the claims center on consumer fraud and failure to warn. Manufacturers sold products that contain elevated levels of arsenic—a substance linked to cancer, developmental disorders, and other serious health conditions—without disclosing this information to consumers. Consumers purchased these products believing they were safe when testing shows they contain high levels of arsenic.
The outcome of a class action applies to all class members. If a settlement is reached or a verdict is obtained, compensation flows to everyone who qualifies. Class members do not need to pay any upfront fees to participate; attorneys work on a contingency fee basis, meaning we collect fees only if the class recovers money.
Who Qualifies for the Arsenic in Candy Class Action?
Eligibility for this class action is straightforward: if you purchased any of the candy products identified in the Florida investigation as containing elevated levels of arsenic, you may qualify to be part of the class.
Unlike personal injury lawsuits, which require proof of specific physical harm, consumer class actions focus on the economic harm allegedly caused by deceptive business practices. You do not need to prove that the candy made you or your child sick. The harm is that you paid money for products that contained undisclosed contaminants—products you would not have purchased, or would have paid less for, had you known about the dangers.
That said, the potential health consequences of arsenic exposure are real and serious, particularly for children who consume candy repeatedly over time.
Why Arsenic in Candy Poses Serious Health Risks
Children are particularly vulnerable to the effects of arsenic and other heavy metals. Their smaller body weights mean higher relative exposure per serving. Their developing organ systems—including the brain—are more susceptible to toxic insults. And children tend to consume candy repeatedly over time, exactly the exposure pattern that maximizes risk from cumulative toxicants like arsenic.
The American Academy of Pediatrics warns that early childhood arsenic exposure is linked to increased risk of infection, altered liver function, neurodevelopmental effects, cognitive impairment, and skin changes.
Regulatory Arsenic Benchmarks
- FDA bottled water limit: 10 ppb arsenic
- EPA drinking water standard: 10 ppb arsenic
- Average contaminated candy product: ~400 ppb arsenic
- Highest tested candy product: 570 ppb arsenic
Wisner Baum Class Action Attorneys: Proven Leaders in Toxic Food Litigation
Wisner Baum is uniquely positioned to lead this class action. The firm currently represents thousands of families in the ongoing toxic baby food litigation, which alleges that manufacturers including Gerber, Beech-Nut, Hain Celestial, Walmart, and others knowingly sold infant food products containing elevated levels of arsenic, lead, and mercury.
“The evidence in the baby food litigation shows major manufacturers have known about heavy metal contamination for years and failed to protect children,” says attorney Pedram Esfandiary. “We're seeing the same pattern here with candy companies. Their products contain potentially dangerous levels of arsenic, and they've done nothing to adequately warn parents or reduce the risk.”
Join the Class Action Against Candy Companies
If you purchased candy products for your family that have been identified as containing elevated arsenic levels, you have the right to seek accountability from the manufacturers who put those products on store shelves without adequate warnings. You trusted that the products you bought were safe. That trust may have been misplaced.
Joining the class action costs you nothing. There are no upfront fees, and you only participate in any recovery if the class is successful. By adding your voice to the class, you help hold these corporations accountable and send a message that deceptive practices affecting children's health will not be tolerated.
Wisner Baum offers free, confidential consultations to families affected by toxic candy products. Our attorneys will review your situation, explain your legal options, and help you understand whether participating in the class action is right for you. Contact us today or call (310) 207-3233 for a free case evaluation.
