Senate breaks off a piece of KitKat heist to promote retail theft bill

WASHINGTON (CN) — An eye-popping candy heist in Europe resulting in the loss of a dozen tons of KitKat products formed a sweet springboard for Senate lawmakers pushing a bill they said would give retailers a break from organized theft rings.

The Senate Judiciary Committee on Tuesday shined a light on committee chairman Chuck Grassley’s measure, following news of the pilfered KitKat candy which has been a viral sensation on social media since parent company Nestlé acknowledged the theft over the weekend.

“From 400,000 KitKats in Europe, to over $15 million in electronics in Nevada, organized retail crime in on the rise,” said the Judiciary Committee in a post on X.

The panel added that Grassley’s bill, titled the Combating Organized Retail Crime Act and co-sponsored by Democratic Nevada Senator Catherine Cortez Masto, would tackle what it said was a “dangerous trend” of retail theft and protect the national supply chain.

Unveiled last spring, the proposed legislation came amid rising concern among U.S. retailers about so-called “flash mob” theft, in which thieves break into stores in large groups to overwhelm staff and security and steal large amounts of goods.

According to an October report from the National Retail Federation, roughly 70% of retailers said they were equally concerned or more concerned about mob shoplifting compared with a year prior. Around 59% reported the same or greater concern about “smash and grab” events in which thieves destroy property to obtain goods — though roughly 40% of retailers said they were less concerned about that type of crime compared with last year.

The retail industry organization’s report added that investigating and prosecuting organized retail theft remained challenging for retailers and law enforcement, thanks to limited law enforcement resources and other factors. Around 80% of retailers said that federal legislation was needed to crack down on such criminal activity.

If made law, Grassley and Cortez Masto’s proposed bill would create a new “Organized Retail and Supply Chain Crime Coordination Center” within the Homeland Security Department aimed at coordinating federal, state and local law enforcement to crack down on retail theft. The measure would also enable prosecutors to charge organized retail and supply chain theft rings who use “interstate or foreign commerce,” such as the internet, to “facilitate” crimes.

And the proposed legislation would allow law enforcement to seize assets from criminals convicted for crimes involving interstate shipments as well as the transportation, sale or receipt of stolen goods.

“It’s time for the law to catch up and prevent criminals from exploiting the internet and online marketplaces,” Grassley said in a statement alongside the measure. “Our bill improves the federal response to organized retail crime and establishes tools to recover stolen goods and illicit proceeds and deter future attacks on American retailers.”

Cortez Masto said that organized retail theft had left businesses “scrambling” and that legislation was needed to “help law enforcement agencies keep our communities safe.”

Nestlé acknowledged in a statement Sunday that roughly 12 tons of KitKat products were stolen “in transit” between a candy factory in Italy and their final destination in Poland. The lost chocolates — totaling 413,793 units — were from KitKat’s new collaboration with the Formula One racing series.

According to Nestlé, the KitKat vehicle and its contents “remain unaccounted for” but that the company was working with local authorities and supply chain partners to recover the stolen goods.

“While there is no risk associated with the product itself and partners have been alerted, KITKAT believes the missing items could enter unofficial sales channels across European markets,” the statement read. “We’ve always encouraged people to have a break with KITKAT — but it seems thieves have taken the message too literally and made a break with more than 12 tons of our chocolate.”

News of the grand KitKat heist went quickly viral on social media this week, with other companies and public figures claiming tongue-in-cheek responsibility for the cavity-inducing theft.

“We would like to share our thoughts and condolences with Kit Kat following the recent disappearance of several tons of their product,” said Georgia’s Republican party, injecting a midterms-flavored quip into their missive. “On a completely unrelated note, every dollar donated to defeat [Senator] Jon Ossoff will result in one Kit Kat being redistributed to a hardworking Georgian.”

Follow @BenjaminSWeiss