Godiva Dark Chocolate Contains Concerning Levels of Lead Class Action

This class action is based on a December 2022 Consumer Reports testing of products that revealed that certain dark chocolates contain concerning levels of heavy metals. The complaint for this class action alleges that high levels of lead were found in a chocolate bar product from Godiva Chocolatier, Inc., the Godiva Signature 72% Cacao Dark Chocolate bar.

The Nationwide Class for this action is all consumers who bought one or more of the affected products in the US within the applicable limitations period. A Virginia Subclass has also been defined, for those in the above class who bought the affected product(s) in Virginia.

In 1986, California passed a law known as the Safe Drinking Water and Toxic Enforcement Act, which is often cited as Prop 65. Under this law, the complaint says, companies must offer warnings to consumers about exposures to certain kind of chemicals.

“As a part of that standard,” the complaint alleges, “California’s experts set regulatory standards for acceptable levels of exposures to toxic chemicals, referred to as the maximum allowable dose levels (‘MADLs’) in chemicals which are identified as causing cancer, birth defects, or reproductive harm.” The Consumer Reports testing made use of those standards in evaluating the dark chocolate products, including a MADL for lead of 0.5 micrograms.

The testing done on the Godiva Signature 72% Cacao Dark Chocolate product, the complaint alleges, showed that it contained 146% of the MADL for lead.

According to the complaint, this is not the first time Godiva has been alerted to heavy metals in its products: Godiva “had been part of a previous Heavy Metal matter in 2016 raised by watchdog group As You Sow, which filed Proposition 65 Notices for elevated lead and cadmium levels found in the products of multiple dark chocolate brands, including Godiva.”

The complaint alleges that consumers paid a premium for the Godiva products, based on Godiva’s “representations and omissions[.]”

Lead and cadmium pose a health risk to consumers, the complaint alleges, “because they can cause cancer and other serious problems (often irreversible) such as damage to brain development, the liver, kidneys, and bones.”

Exposure to even relatively low levels of lead may create problems in children, the complaint claims, including “reduced neurobehavioral functioning, with symptoms ranging from neuropsychological deficits that interfere with classroom performance, lower IQ, decreased verbal processing and attention span.” Lead accumulates in the human body over time and the complaint claims it may also lead to “anemia, weakness, and kidney and brain damage” and even in some cases to coma and death.

According to the complaint, the levels of lead present in cocoa beans appears to rise as the beans dry. The complaint quotes Consumer Reports as saying, “During that time, lead-filled dust and dirt accumulated on the beans.” The complaint therefore holds Godiva responsible for the levels of lead in its dark chocolate products.

Article Type: Lawsuit
Topic: Consumer
Tags: Contaminated with Harmful Substances, Contamination During Preparation or Use, Deceptive Advertising, Heavy Metals