For a photo click on this link - http://www.usdoj.gov/dea/pubs/states/newsrel/sanfran031606_fig1_highres.jpg
Affolter was arrested by the DEA and sentenced to prison. Here is where it gets VERY INTERESTING FOLKS -
The Hershey Company sued Affolter for $100,000 dollars. The reason why? This is what they said is for TRADEMARK INFRINGEMENT, TRADEMARK DILUTION, AND UNFAIR COMPETITION!!!!
Yes - they said that - unfair competition.....hmmmm ----OK - now lets go a little further -
Trademark Dilution laws as explained in the lawsuit article forbid the use of a famous trademark in any way or manner that would cause harm to the unique reputation of the company.
So basically if you were to see "Puff-a-Mint Pattie" and you knew that it was laced with marijuana - most people right away would assume the association with Peppermint Patty candy. That of course would be very harmful to the maker of Peppermint Patty - Hershey - because they have stated numerous times through out the years that they thrive on maintaining a positive image in the public.
So now all of a sudden we have numerous directors that have been asked to resign from Hershey's board, a new CEO in place, and stating that he wants to "take advantage of all opportunities in the marketplace"....
As I said before this type of fight is normally not the battle that the Watchful Eye Foundation takes on - however, when something this insane happens, you either do one or two things - do something about it or do nothing about it. We decided to do whatever we could to inform the public and to form a boycott of their products.
This I am afraid seems to go deeper than just the guy in the marketing department trying to impress his bosses with a "new, innovative idea" such as the packaging of the Pac's candy. This seems to actually be starting at the top.
Obviously what Hershey's saying is that in order to recharge growth that they must take advantage of all opportunities and that includes the market of illegal drugs.
I called yesterday to the Hershey Company. Spoke to a very kind woman who had been placed at a phone just to take calls such as all of ours pertaining to the boycott. I felt genuinely sorry for her as I am sure that not everyone had been as polite as I was to her. If I had been allowed to speak with the CEO David West, here is what I would have said....
Mr. West, first let me congratulate you on your new position of becoming the CEO of the number one Candy Company in the world. It deeply saddens me however that you have within a few days of your new post taken the road of destruction for your company by allowing the new candy Pacs to be packaged to resemble an illegal street drug such as crack or heroin.
I live in the Midwest and we battle the drug problems just as everyone else in the world. Maybe more so when it comes to methamphetamine. I am shocked Mr. West of what road you have chosen to go down and you sir should be ashamed of yourself for damaging the Hershey name in this manner.
In addition to that I simply cannot believe that you have taken an opportunity to create havoc for law enforcement officers, parents, school officials, and others just to sell candy.
What in the world were you thinking? Maybe you are listening and maybe not....however, here in the heartland we take pride in doing the right thing and protecting all that is good. You have made a mockery of the school fundraiser program as well as many of your other programs that you state are for the "good of the communities".
I am asking you to do the right thing - pull this product from the market - create a new packaging for it, and be done with it. I don't feel that this is too much to ask for. When Milton Hershey created this company I can almost flat out guarantee that he did not ever intend for this to ever take place. I am sure that he too would be disappointed as well as sickened in what you have done not only to the consumers that purchase your products but to the reputation of the Hershey Company.
Do the right thing Mr. West - pull this off the shelves and replace the packaging. That is all we are asking for. It's just that simple.
Please Everyone - call Hershey Company today!
Contact Hershey's by phone: 1-800-468-1714 Monday – Friday 9:00 a.m. to 4:00 p.m. ET
Mark K. PogharianVice President, Investor RelationsThe Hershey Company -Phone: (800) 539-0261
