Pirate's Booty "No Preservatives" Lawsuit — Hershey Accused of False Advertising Over Citric Acid in Snacks

Pirates Booty Hershey No Preservatives False Advertising Class Action Lawsuit 2026

Published: March 11, 2026

Status: Active Litigation — No Settlement Yet

Products: Pirate's Booty Aged White Cheddar Puffs, Cheddar Blast Puffs, Smart Puffs

What Is This About?

If you have ever bought Pirate's Booty cheese puffs because the bag says "No Artificial Colors or Preservatives," you should know that multiple class action lawsuits say that claim is false.

The lawsuits allege that Hershey Company, which owns the Pirate's Booty brand, falsely markets several Pirate's Booty snack products as containing no artificial preservatives when the ingredient list on the back of the bag actually includes citric acid and lactic acid — both of which are recognized preservatives. The FDA lists citric acid as a preservative because it has antimicrobial and antioxidant properties that prevent or slow food deterioration. Both citric acid and lactic acid used in commercial food products are typically manufactured through chemical processing, making them "artificial" rather than naturally occurring.

This matters because consumer research shows that 84% of Americans actively seek out foods labeled as "free from" ingredients like preservatives, and 71% say the "preservative-free" claim is specifically important to their purchase decision. The lawsuits argue that Hershey capitalized on this demand by putting a misleading "no preservatives" claim on the front of the bag to command higher prices.

The most recent case, Noohi v. The Hershey Company, was originally filed in California state court and transferred to the U.S. District Court for the Middle District of Pennsylvania (Case No. 1:26-cv-00460) in February 2026. A separate case, Stanzione et al. v. The Hershey Company (Case No. 1:24-cv-03913), was filed in the Eastern District of New York in 2024.

Which Products Are Affected?

The lawsuits specifically target Pirate's Booty Aged White Cheddar Puffs, Pirate's Booty Cheddar Blast Puffs, and Pirate's Booty Smart Puffs — all of which carry the "No Artificial Colors or Preservatives" claim on their packaging while listing citric acid and/or lactic acid in the ingredients.

Who Might Qualify?

Anyone in the United States who purchased the affected Pirate's Booty products within the last four years could potentially be part of the class. The California case seeks to represent nationwide purchasers, while the New York case focuses on claims under New York consumer protection law.

No settlement has been reached in any of these cases. No claim form exists. If a settlement is eventually reached, eligible purchasers would be notified and given instructions. This page will be updated as the litigation progresses.

Case Information

Latest Case: Noohi v. The Hershey Company, Case No. 1:26-cv-00460 (M.D. Pa.)
Transfer Date: February 24, 2026
Related Case: Stanzione et al. v. The Hershey Company, Case No. 1:24-cv-03913 (E.D.N.Y.)
Defendant: The Hershey Company
Status: Active litigation — no settlement, no claim form

How Do I Find Class Action Settlements?

Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:

Sources

• Milberg — No Artificial Preservatives? Not So, Says Pirate's Booty Class Action

Filing Class Action Settlement Claims

This case has not settled and no claim form is available. This page is for informational purposes only. OpenClassActions.com is a consumer advocacy and class action news site, and is not a class action administrator or a law firm.

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