A hostess serves visitors at a chocolate fountain during a chocolate convention in Lima July 7, 2011. The three-day exhibition, which drew distributors from Latin America and chocolate sommeliers from Europe, featured organic dark chocolate candy bars, ch
IN PHOTO: A hostess serves visitors at a chocolate fountain during a chocolate convention in Lima July 7, 2011. The three-day exhibition, which drew distributors from Latin America and chocolate sommeliers from Europe, featured organic dark chocolate candy bars, chocolate sushi and Machu Picchu sculptures carved out of the sweet stuff. Reuters/Pilar Olivares

The U.S confectionery giant Hershey’s legal war against British chocolate maker Cadbury Dairy Milk has triggered a chasm between British and American chocolates in the U.S. market, with many consumers expressing their anguish at the stopping of British candies.

According to Fox News, Hershey’s filed a trademark infringement suit in a Pennsylvania court against LBB Imports, which had been supplying British candy to the U.S., accusing that the imported products resembled candies produced by Hershey’s.

The legal concerns expressed by the U.S. chocolate giant included the “orange wrappers on British Toffee Crisp candies too similar to wrappers on Reese's Peanut Butter Cups” and “England's Yorkie chocolate bars should be forbidden, because they are too similar in name to Hershey's York Peppermint Pat.”

But the bigger concern is the bid to drive out British chocolates from the U.S market, adversely affecting the business of many British specialist stores. In New York, there are leading British chocolate selling points that include Tea & Sympathy and Myers Of Keswick, reported Daily Mail.

Bitter Dealers

Nicky Perry, a British expat, who owns Tea & Sympathy in New York is really frustrated. Perry is worried that her shop will be severely affected by the curbs on Cadbury’s chocolates, which are made in Britain.

New York Times also reported the disappointment of many Americans including the U.K. natives who grew up on Maltesers and Flake bars. They are appalled at the notion that their beloved chocolates will go out of bounds in the United States.

Hershey’s Defence

Jeff Beckman, a representative for Hershey’s, said L.B.B. and others, who had been importing British candies cannot sell them in the United States. Such imports infringed Hershey’s trademark and trade dress licensing. Hershey’s has a licensing agreement to manufacture Cadbury’s chocolate in the United States with a similar packaging yet with a different recipe.

“It is important for Hershey’s to protect its trademark rights to prevent consumers from being confused or misled when they see a product name or product package that is confusingly similar to a Hershey’s name or trade dress,” Beckman said.

Taste Difference

The main grouse of many lovers is about taste difference between the British and American chocolates. British Chocolates are loved for their high milky content with the British Cadbury’s Dairy Milk having milk as the first ingredient. In American-made Cadbury’s bar, the main ingredient is sugar. American Cadbury bars also add emulsifiers like PGPR and soy lecithin to reduce the viscosity of chocolates and prolong their shelf life.

(For feedback/comments contact the writer kalyanaussie@gmail.com)