Florida Department of Health finds arsenic in Ferrara candies like Nerds and Laffy Taffy at levels that can exceed a child's yearly safe intake in one box or a few pieces, leading to dismissed disclosure lawsuits
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Who is named
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Organisations 6
Northern District of Illinois National Confectioners Association Hershey Florida Department of Health Northern District of California Ferrara Candy Company
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Claims made
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On January 26, 2026, the Florida Department of Health released results under the Healthy Florida First initiative from testing 46 candy products purchased from stores and online.
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Arsenic was detected in 28 of the tested candy products.
Arsenic was detected in 28 of them.
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For several Ferrara Candy Company products the state reported concentrations in the hundreds of parts per billion and calculated that a child could reach the state's annual safe-exposure figure by eating one movie-theater box of Nerds, four pieces of banana Laffy Taffy, or similar small amounts of related items such as SweeTarts and Trolli.
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For several Ferrara Candy Company products the state reported concentrations in the hundreds of parts per billion and calculated that a child could reach the state's annual safe-exposure figure by eating one movie-theater box of Nerds, four pieces of banana Laffy Taffy, or similar small amounts of related items such as SweeTarts and Trolli.
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Comparable figures were listed for certain Hershey products including Jolly Ranchers and Twizzlers.
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The state framed the findings as information for families about products widely marketed to children and noted that repeated exposure above those benchmarks can raise risks of cancer and neurodevelopmental effects.
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Class‑action complaints followed within days of the Florida Department of Health’s release.
Class-action complaints followed within days.
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Christina Anstett filed Anstett v. Ferrara Candy Company on February 4, 2026, in the Northern District of Illinois, relying on the Florida data and alleging failure to disclose the presence of arsenic.
Christina Anstett Ferrara Candy Company Northern District of Illinois
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Phanny Chhin filed Chhin v. Ferrara Candy Company on February 6, 2026, in the Northern District of California on similar grounds.
Ferrara Candy Company Northern District of California Phanny Chhin
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Both cases were voluntarily dismissed without prejudice in mid-March 2026; no class was certified, no settlement was reached, and no product recalls were issued by the companies or the FDA.
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The Florida results used EPA Method 6010D, a method validated for soil and water rather than food.
The National Confectioners Association responded that the Florida results used EPA Method 6010D, a method validated for soil and water rather than food, that the method measures total arsenic without distinguishing the more toxic inorganic form, and that the reported levels are substantially higher than those found in the FDA's Total Diet Study.
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The method measures total arsenic without distinguishing the more toxic inorganic form.
The National Confectioners Association responded that the Florida results used EPA Method 6010D, a method validated for soil and water rather than food, that the method measures total arsenic without distinguishing the more toxic inorganic form, and that the reported levels are substantially higher than those found in the FDA's Total Diet Study.
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Reported levels are substantially higher than those found in the FDA's Total Diet Study.
The National Confectioners Association responded that the Florida results used EPA Method 6010D, a method validated for soil and water rather than food, that the method measures total arsenic without distinguishing the more toxic inorganic form, and that the reported levels are substantially higher than those found in the FDA's Total Diet Study.
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The association stated that candy remains safe when consumed as a treat and that Florida's annual-piece limits create unnecessary confusion relative to existing federal work under the Closer to Zero initiative.
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No enforceable federal action level currently exists specifically for arsenic in candy.
No enforceable federal action level currently exists specifically for arsenic in candy, so the practical effect of the testing and the short-lived lawsuits is limited to consumer awareness and voluntary moderation while the methodological dispute remains unresolved.
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No enforceable federal action level currently exists specifically for arsenic in candy, so the practical effect of the testing and the short-lived lawsuits is limited to consumer awareness and voluntary moderation while the methodological dispute remains unresolved.
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