Godiva Dark Chocolate Concerning Levels of Lead Class Action

Many consumers believe that dark chocolate is healthier than milk chocolate. But the complaint for this class action is suing Godiva Chocolatier, Inc., claiming that, according to recent Consumer Reports findings, the Godiva Signature Dark Chocolate 72% Cacao bar contains concerning levels of lead, and quoting the report as saying that “eating just an ounce a day would put an adult over a level that public health authorities and [Consumer Reports’] experts say may be harmful.”

The class for this action is all persons in the US who bought the product, from the beginning of any applicable limitations period through the date of judgment in this case. A California Subclass has also been defined for this action for those in the above class who bought the product in California.

Lead is a heavy metal that produces harmful effects on human beings, the complaint alleges: “Exposure puts children at risk for lowered IQ, behavioral problems (such as attention deficit hyperactivity disorder), type 2 diabetes, and cancer, among other health issues” while for adults, “[e]ven modest amounts of lead can increase the risk of cancer, cognitive and reproductive problems, and other adverse conditions.” Other risks of exposure to lead are that it “may cause anemia, weakness, and kidney and brain damage.”

Lead can accumulate in the body as time goes on. According to the complaint, “more than 90 percent of the total body burden of lead is accumulated in the bones, where it is stored. [L]ead in bones may be released into the blood, re-exposing organ systems long after the original exposure.”

No level of lead can be considered safe, the complaint claims, but Consumer Reports chose to use as a standard California’s maximum allowable dose level (MADL) for lead (which is 0.5 micrograms) and for cadmium (which is 4.1 micrograms).

Consumer Reports tested 28 different bars of dark chocolate. The complaint alleges that the Godiva Signature Dark Chocolate 72% Cacao bar was found to contain 146% of the MADL for lead in a one-ounce serving.

Unfortunately, the complaint also alleges that Godiva has been warned of this before, when some of its dark chocolate products were tested in 2014, and it was told that some had shown high levels of lead.

The problem occurs with dark chocolate, the complaint alleges, because it has a higher percentage of cacao than milk chocolate, “at least 65 percent cacao by weight, which is where the lead lurks.” The complaint claims, “Lead gets into the dark chocolate because lead gets on the outer shell of cacao beans after they are harvested as they are dried outside.”

But the complaint argues that high lead levels are not inevitable with dark chocolates: “As Consumer Reports noted, five of the 28 chocolate bars tested were below the MADL for both cadmium and lead…”

Article Type: Lawsuit
Topic: Consumer
Tags: Contaminated with Harmful Substances, Heavy Metals, Unjust Enrichment