Quit Whining, Brits! Hershey Had Every Right to Block ‘Real’ Cadbury Bars (2024)

Correction appended

The United Kingdom did not invent chocolate, its dental history notwithstanding. You wouldn’t know that judging from the latest confectionary contretemps involving Cadbury, the quintessential British chocolate brand, and Hershey, which has a similar home-team claim in America.

The British press has been in partial meltdown about the fact that a couple of U.K.-owned firms in the U.S. that have been importing Cadbury chocolates from Blighty for expats and Anglophiles have been told by Pennsylvania-based Hershey to knock it off. Hershey and one importer, Let’s Buy British Imports, or L.B.B., came to an “agreement.” L.B.B. agreed to stop importing Cadbury products. Or else. I added that last interpretation.

Behind the uproar is the view held by some that British Cadbury’s is superior to the American version and that this whole thing looks like a case of a giant U.S. company stomping on little guys for selling a beloved chocolate. It’s candy crush!

The outrage has caught fire on the web because MoveOn.org, the liberal/progressive activist organization that normally involves itself in more serious issues, has sponsored a petition to compel the Americans to back off. “This is ridiculous! If Hershey’s can’t compete, then maybe they should make a better product!” noted Kari Chesney from Columbia, Mo, one of almost 18,000 people who has signed the petition.

Do those outraged petitioners realize that Hershey owns the rights to manufacture Cadbury’s products in the U.S.? Which it bought from Cadbury for a large amount of money? And that it might have a legitimate interest in protecting its property? It’s one thing if a shop is importing a case or two of Cadbury’s every now and then, but quite another if it becomes a competing business. Since 1988, Hershey has owned the right to sell Dairy Milk, Creme Eggs and other Cadbury products. Why? Simple — Cadbury needed the money, and decided that Hershey could manage the U.S. business better than it could.

That wasn’t a difficult decision to make. Cadbury was part of Cadbury Schweppes from 1969 until 2008 when the two companies demerged, under pressure from investors. Neither business could survive on its own, however, because the food and beverage industry was consolidating. Cadbury couldn’t keep up with its rivals Nestle, Mars Inc., and to a lesser extent Hershey (which was protected by the Hershey Trust, the controlling shareholder). In 2010, Cadbury was acquired by an American company, Illinois-based Kraft Foods, in a $16.8 billion deal. Kraft, also under pressure, then carved off its junk food business into something called Mondeléz International, where Cadbury currently resides, one of many formerly family-owned brands. So much for that fine British tradition.

There’s ample reason why Hershey manufactured Cadbury its way, which is to say, a bit differently from the way Cadbury does Cadbury. Hershey had already developed its own distinct manufacturing processes. Chocolate, with its high fat content, is not particularly easy to work with. For much of its history it was a drink, and liquid gave way to solid only after much manipulation (the addition of condensed milk being primary). But the price for solid chocolate was so high it remained a gourmet treat.

Milton Hershey’s accomplishment—after failing several times in the candy business— was to reverse engineer German chocolate-making methods he witnessed at the Columbian Exposition in Chicago in 1893 and make modifications that led to the Hershey milk chocolate bar. The Hershey bar was shelf stable and much more affordable than European varieties. Created in 1900, it became synonymous with chocolate in the U.S. Cadbury, meanwhile, launched its Dairy Milk five years later, in 1905.

It isn’t only Cadbury chocolate that differs by country. If you buy a candy bar called a Mars bar in the U.K. it will differ from its U.S. cousin, known as Milky Way. The irony is that Forrest Mars Sr., who created the modern Mars Inc, (M&Ms, Snickers, etc.) developed the business in the 1940s in the U.K. where he had been exiled after a falling out with his father. He returned to the U.S. in the 1960s to buy out his father, but the formulas and labels of the candy bars in both countries were different. As in language, the U.S. and the U.K. are two countries divided by common candy.

The same transatlantic divide applies to common ketchup. The Heinz tomato ketchup you buy here is less vinegary than the version sold in the U.K. There is no petition to import that version—Heinz just caters to local tastes. So does Hershey.

You can argue over whether the U.S. or the U.K. version of Dairy Milk is better. They are both commodity chocolate products not to be mistaken for the luscious, and pricy, artisanal products now available. But you can’t argue that Hershey has the right to call the shots. Cadbury blew it in the U.S. The company lost the right to sell its own chocolate bars, and that’s how the cookie crumbled.

So please stop whining about it, British people. We still like your beer.

Correction: This article originally misidentified the manufacturer of Maltesers. It is Mars.

Quit Whining, Brits! Hershey Had Every Right to Block ‘Real’ Cadbury Bars (2024)

FAQs

Why did Hershey's ban Cadbury? ›

Banned! Back in 2015, Cadbury products, including the iconic Creme Egg, were banned from being imported into the United States. It all started when Hershey Chocolate Corporation filed a lawsuit alleging that Cadbury copied an already existing Hershey chocolate egg recipe of theirs.

What is the lawsuit against Hershey and Cadbury? ›

The gist of the lawsuit is that importing Cadbury products from the UK violates Hershey's licensing agreement allowing the company to manufacture and distribute Cadbury's-branded chocolate within the United States.

Was Cadbury bought by Hershey? ›

Competing with internationally popular Swiss chocolate, CADBURY created the brand's first Milk Chocolate Bar in 1897. The Hershey Company acquired the U.S. CADBURY license in 1988 and has been making the delicious chocolate ever since.

Who came first, Cadbury or Hershey? ›

The Founders: The Hershey Company was founded by Milton Hershey in 1894, while Cadbury was founded by John Cadbury in 1824. Both men were passionate about chocolate and had a strong vision for their companies.

Why are people boycotting Hershey? ›

Calls to boycott Hershey are spreading on Twitter in response to the chocolate company's International Women's Day Canadian campaign, which includes a trans woman. It's the latest example of a brand generating a strong but mixed reaction to a promotional campaign that touches on cultural or societal issues.

Why is Cadbury banned in Germany? ›

With so numerous and demanding clientele, German manufacturers specialize in fresh, quality chocolate made of the best ingredients available. Germany prefers the continental style of 'pure' chocolate and have banned the sale of Cadbury-style chocolate in the country since 1973.

Why does American Cadbury taste different? ›

As Insider's Mary Hanbury previously reported, the only differences between the UK and US versions are the fat content and the amount of cocoa used. While the US Cadbury bars use cocoa butter as the fat, in order to meet FDA standards, the UK is allowed to use vegetable oils such as palm and shea.

Who currently owns Cadbury? ›

Cadbury, formerly Cadbury's and Cadbury Schweppes, is a British multinational confectionery company owned by Mondelez International (originally Kraft Foods) since 2010. It is the second-largest confectionery brand in the world, after Mars.

Which is better, Hershey's or Cadbury? ›

Definitely Cadbury. Better taste and aftertaste, also much creamery consistency. That probably depends where you have grown up. The biggest difference between European and American chocolate is that most American chocolate has butyric acid added.

Is Lindt owned by Hershey? ›

Beyond its namesake chocolates, Hershey also owns many well-known candy bar brands. This Switzerland-based company is known for premium chocolates Lindt, Ghirardelli, and Russell Stover.

What is the oldest chocolate bar brand? ›

Launched in 1866—nineteen years after Fry's created the first moulded, solid chocolate eating bar (in 1847)— Fry's Chocolate Cream is the first mass-produced chocolate bar and is the world's oldest chocolate bar brand.

Does Reese's own Cadbury? ›

The Hershey Company acquired the U.S. CADBURY license in 1988 and has made the delicious chocolate ever since.

Why is Cadbury not sold in America? ›

Yet in 2015, Hershey took legal action to protect US-manufactured sales of Cadbury. Under the restrictions of the previous 80s buyout, Hershey's and the formula used by Hershey's was the only one that could be legally sold and distributed in the states. Hershey's forced the UK-made chocolate off of American soil.

Why is dairy milk chocolate banned? ›

According to the laboratory's analytical report, the sample of Cadbury Dairy Milk Chocolate (Roast Almond) was found to be contaminated with white worms and webs, thus rendering it unsafe for consumption under section 3.1(zz)(iii)(ix) of the Food Safety & Standards Act, 2006.

Why does Hershey and Cadbury taste different? ›

There are other reasons why Hershey's chocolate tastes different than Cadbury. American chocolate tends to contain less cocoa and more sugar than comparable candy from Europe. The milk in European chocolate is also heated at higher temperatures, which produces caramelized notes missing from products in the States.

What happened to Cadbury chocolate? ›

Cadbury was originally a UK firm formed in Birmingham by John Cadbury and then developed by his sons and grandsons into a chocolate confectionery business. (It was sold in 2010 to Kraft now Mondelez International). So the UK is the original home of Cadbury chocolate and it is still made and sold there.

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