British chocolate triumphant as shopkeepers defy Hershey's attempt to ban import of Cadbury's into the US

American chocolate giant which successfully sued two importers of Cadbury’s chocolate admits it does not have the resources to chase every single retailer

British chocolate retailers defy Hershey
Nicola Perry of Tea and Sympathy in New York Credit: Photo: David Millward

Hershey appears to have lost the war to prevent the import of Cadbury’s chocolate, as niche shopkeepers across the country pile their shelves high with Flake, Wispa and Crunchie bars.

The legal victory won by the Pennsylvania-based chocolate behemoth last January at the expense of two major importers is proving a Pyrrhic one.

But the decision of company, which sells more than £5 billion of its own products a year, to crush businesses importing around £16 million is looking rather short-sighted.

Not only did the legal action trigger outrage among British expats – there are more than three million in the US – but it led to an avalanche of bad publicity.

Now the company, while denying it has thrown in the towel, has conceded that it is unable to drag everyone who sells Cadbury’s chocolates through the courts.

“It is not realistic from a resources perspective to monitor every single retailer. We have focused on large importers,” a Hershey spokesman said.

Nicola Perry of Tea and Sympathy in New York

“We had cases last year against two importers – Posh Nosh and Let’s Buy British (LBB) – who were both importing confectionery products from the UK that were not intended for sale in the United States and infringe on the Hershey Company’s brand trademark rights and trade dress.”

Legally that may be the case but from San Francisco to Kittery, Maine, small shops are catering to homesick Britons and sweet-toothed Americans who prefer what is on offer in the UK.

The outcry was led by Nicky Perry, who has run Tea and Sympathy in Manhattan for decades.

She used her Facebook page to break the news of the court case to her customers.

"Due to legal action by the so called chocolate maker Hershey, we can no longer import the real Cadbury chocolate from England," she wrote.

"They want us to sell their dreadful Cadbury approximation but we can't in good conscience sell you such awful chocolate when we have made our reputation on selling you the yummy real English stuff."

But she was not to be defeated especially when Vanity Fair magazine took up the cudgels on her behalf, suggesting that angry expats could stage a Boston Tea Party in reverse, hurling Hershey products into New York’s Hudson River.

‘I have never seen so many people get so riled up so quickly.

David Kidd,  You Say Tomato store, San Francisco

“I called my supplier and they said they could not sell me Cadbury’s.

“Even if Americans would rather buy Hershey’s, there has been so much negative publicity and their stock went down.

“I am still getting my Cadbury’s. They will have to come and arrest me.

“All they are doing is making people aware that our chocolate is far better.

“They will never be able to stop it, people here are absolutely determined.

“It’s like that game where there are five rubbish bins and four lids and every time they slam the lid down, somebody pops up out of another bin.”

Walking into her store is like stepping into an old-fashioned British sweetshop and, just around the corner, Myers of Keswick also has Cadbury chocolate on open display.

“They were going for wholesalers rather than mom and pop stores like ours,” said Jennifer Myers, who runs the business.

“We are still selling Cadbury’s. Barely a day goes by without people coming into the shop and asking if it is the real thing.

“It created a real buzz. People were saying how can they do this, it really brought out people’s feelings.”

Up in New England, the owners of Kazimierz European Market are equally defiant.

The store at Kittery, Maine, which makes no bones on its website about selling “real Cadbury”, also has an impressive array of its products.

“I am still selling Cadbury because it is delicious,” said Danielle Moura, the proprietor.