British Import Ban Hits Close To Dayton

last updated 01/28/2015
British Import Ban Hits Close To Dayton

Why Hershey have got their knickers in a twist over imported Cadbury chocolate - and why some Daytonians are simply cheesed off.

British Import Ban Hits Close To Dayton

As any British expatriate will tell you, living in the United States of America is almost impossible without occasionally indulging in some home comforts. Brits enjoy a good cuppa (tea) with half a packet of hob-nobs (cookies), and they love their sweets, crisps and chocolate. But as you may have already heard, thanks to The Hershey Company, their beloved Cadbury chocolate has been given the proverbial boot.

Background: Why do Hershey have their knickers in a twist?

Cadburys Chocolate Banned in the USLast week, The New York Times reported that a settlement between The Hershey Company and Let's Buy British Imports have effectively banned the import of Cadbury chocolate bars and other candies into the US.  Why?  Because Hershey's have a licensing agreement to manufacture Cadbury's chocolate in the United States. 

Hershey representative Jeff Beckman said Cadbury products made in England are not intended for sale in the United States and companies importing the products were infringing on its trademark and trade dress licensing.

But wait.  Hershey make Cadburys, right?  So what exactly is the problem? Certainly Cadbury chocolate bars are available in Kroger, Meijer, Walgreens and a million other stores across the States.  This is poppycock, with respect.  Unfortunately, for most Brits, the Cadbury logo on the wrapper is where the similarity ends.

The reason? The recipe. English made Cadbury Dairy Milk bars have a higher fat content. In fact, the first ingredient listed is milk, allowing for a creamier taste and texture. Chocolate made in the UK must also contain at least 20% cocoa. In the U.S. it's half that amount and you'll find just 11% cocoa in the American made Dairy Milk bar.

Hershey Bans Toffee Crisp - packaging too close to Reeses Cups

"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 the Times.

Hershey apparently believes the American public don't realize where the chocolate they are buying in British stores actually comes from.  They have also banned other candy bars like the Toffee Crisp.  They claim the orange packaging too closely resembles that of Reese's Cups.  We'll let you decide.

Why should Daytonians care?

Dayton Local owner, Chris James, born and bred in Yorkshire, England, is not impressed.  After hearing about the ban last Sunday, Chris set up a facebook page titled "Americans for Authentic Chocolate" in support of a petition protesting the import ban. That petition has now collected over 20,000 signatures.

Chris chose the title of the page as he has dual British-American citizenship, having taken the Oath of Allegiance back in 2007. "I wanted to make sure Hershey know that it's not just we Brits who are upset, " Chris said, "I don't think most Daytonians would be surprised to learn just how many Anglophiles there are around here. Particularly American military families stationed at Wright Patterson Air Force base, who have spent time in the UK and love British culture, including the chocolate. Hershey needs to hear what Americans think about their decision too."  

Central Perc anybody?  (If you've not had a pot of tea and a scone, you're missing out, by the way).

And let's not forget our Irish friends. Chris is a huge supporter of the United Irish of Dayton Celtic Festival. "Celtic Fest attracts over 60K people every year to Riverscape." he said. "Don't tell me there aren't thousands of Cadbury addicts in the Dayton area". If not, Chris suggests the only reason is they haven't yet tried REAL Cadbury chocolate.

Harry Caswell from Wise Choice British Foods comments on the Cadbury BanHarry Caswell, owner of Wise Choice British Foods, in Huber Heights (and a native Welshman who first came to live in the States in 1969) is also pretty cheesed off. "Cadbury's is a huge part of our business, particularly at Easter and Christmas." Caswell said.  "What Hershey have done is a deliberate attempt to stop the American public from knowing the truth about their Cadbury labelled products being manufactured to a very different, cheaper formula.  Once I give a customer a sample, they are amazed at the difference in texture and taste between authentic imported Cadbury and the Hershey labelled Cadbury product manufactured here in the States."

Wise Choice usually carry the largest Easter Eggs you've ever seen (yes, Cadbury have much more than cream eggs), and traditional boxes of Cadbury Roses at Christmas are a big sellers. It's important here to note that for many people, this is not just about chocolate.  Hershey are also meddling in British family traditions that date back generations.

But it's the regular candy bars that are a huge draw outside of the holiday season - Flakes, Crunchies and a hundred other varieties that Brits grew up on.  "The ban will naturally hurt my sales. Many of our customers have reacted with shock and disgust at the recent actions by Hersheys." Caswell told us.

And that is the somber truth. Harry and Wise Choice are not alone. Hundreds of other specialty stores across the nation face a similar fate.

Meanwhile, the official Hershey facebook page is now almost exclusively full of comments expressing outrage at the Cadbury ban.

Wise Choice still has some Cadbury products in his store, but Caswell doesn't expect it to last. "I've just placed a big order with Wise Choice British Foods, Gifts & Candies for a chocolate stash!" proudly proclaimed one customer yesterday, as news of the ban is traveling fast.  

The panic buying has started.  Well played, Hershey.

Glossary:

cuppa = cup of tea
hob-nobs = a brand of English biscuits (cookies)
sweets = candy
crisps = chips
chips = fries
knickers in a twist = panties in a bunch
cheesed off = upset
poppycock = rubbish
rubbish = garbage

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