By Sam Crocker
Managing Editor
All of us have that favorite sweet treat from our childhood that we’ve never grown out of. For me, that indulgence is Cadbury’s confectionary. As a grandchild of a Cadbury’s worker, I have grown up on a steady diet of Dairy Milk candy bars. Since I have arrived in America, the perfect way to remember my British home was to purchase British candy from the British food import stores located in Colonie or New York City. It was to my dismay then, when I read this week that American chocolate giant Hershey’s had reached a settlement with British foods importer Let’s Buy British, or L.B.B., to stop the import of the entire British range of Cadbury’s chocolates, as well as a number of other British candy bars.
The reason sighted for the agreement was that L.B.B. were importing products not intended for sale in the United States, which infringed on Hershey’s trademark and trade dress licensing. Part of Hershey’s argument is that by importing these products, L.B.B. are confusing or misleading consumers. However this argument is pretty weak. Take the example of the beloved Nestle Yorkie Bar; a rectangular milk chocolate bar. Hershey’s say that this closely resembles a York Peppermint Patty and therefore confuses consumers.
The flaw in Hershey’s argument is that the consumers buying these imported chocolate bars knew exactly what they were buying, because they were purchasing them in British specialty food outlets (usually for a higher premium because they are imports). Ultimately, this is just another attempt by Hershey’s to monopolize a market that virtually entirely belongs to them and unfortunately they have won.
This leaves many businesses that rely on British food sales hanging in the balance. Stores such as Brits-R-Us in Colonie and Myers of Keswick in Lower Manhattan have British candy as their most stocked items and now that they are to be banned, the businesses will have diversify or die.
For now then, British expatriates will have to make do with the Hershey-made Dairy Milk, which is far sweeter and less tasty (at least in my opinion). Nick Menozzi, a British sophomore, said, “By banning the imports, Americans are missing out on some of the greatest tasting chocolate in the world.” From now on, it seems that British expatriates will have to make do with American chocolate or attempt to fill their suitcases full of Cadbury’s when they are back in England.
Caption: Does this look like a Peppermint Patty to you?
