This class action springs from testing of dark chocolates done by Consumer Reports that uncovered concerning levels of lead and cadmium in certain dark chocolate bars. It brings suit against Hu Products, LLC, Hu Master Holdings, LLC, and Mondelez International, Inc., alleging that Hu’s Organic Simple Dark Chocolate 70% Cocoa bars contain excessive amounts of lead.
The class for this action is all consumers who bought the products anywhere in the US during the applicable statute of limitations. A New York subclass has also been proposed for those in the above class who bought the products in the state of New York.
For its testing, Consumer Reports used California’s Maximum Allowable Dose Levels (MADLs) for the heavy metals. According to the complaint, the MADL for lead is 0.5 micrograms, and “Consumer Reports found that Hu’s Organic Simple Dark Chocolate 70% Cocoa product contained 210% of the MADL of lead.”
The complaint alleges that the MADLs are “a regulatory standard for chemicals causing reproductive toxicity.” But the complaint alleges that no level of lead is safe to ingest. It quotes the Mayo clinic as saying, “Lead poisoning occurs when lead builds up in the body, often over months or years. Even small amounts of lead can cause serious health problems. Children younger than 6 years are especially vulnerable to lead poisoning, which can severely affect mental and physical development. At very high levels, lead poisoning can be fatal.”
The complaint alleges that Hu and Mondelez “knew and could not be unaware of the existence of lead in the Products. [Hu and Mondelez] source the ingredients and manufacture the Products, and have exclusive knowledge of the quality control testing on the Products and the ingredients contained therein.” The complaint also claims that the companies test their products for quality control and receive Certificates of Analysis and other certifications from suppliers of the ingredients used to create the products. These documents will also disclose the levels of chemicals, such as lead, contained in each constituent ingredient.”
Even so, the complaint alleges, the companies present the brand as a “health and wellness” one, representing that their products are “clean,” “organic,” “better for you,” and made with “simple, close to nature ingredients.” It quotes Hu as saying, “We obsessively vet every ingredient to unite unbeatable taste with unmatched simplicity.” The complaint also reproduces part of an ad for the chocolate bars which offers a trademarked promise: “No Weird Ingredients. Ever.”
However, in light of the Consumer Reports findings, the complaint calls these representations “false, misleading, and deceptive[.]” No disclosure is made anywhere on the packaging that the products contain lead.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Hu Organic Simple Dark Chocolate 70% Cocoa Bars Lead Content Complaint
February 17, 2023
This class action springs from testing of dark chocolates done by Consumer Reports that uncovered concerning levels of lead and cadmium in certain dark chocolate bars. It brings suit against Hu Products, LLC, Hu Master Holdings, LLC, and Mondelez International, Inc., alleging that Hu’s Organic Simple Dark Chocolate 70% Cocoa bars contain excessive amounts of lead.
Hu Organic Simple Dark Chocolate 70% Cocoa Bars Lead Content ComplaintCase Event History
Hu Organic Simple Dark Chocolate 70% Cocoa Bars Lead Content Complaint
February 17, 2023
This class action springs from testing of dark chocolates done by Consumer Reports that uncovered concerning levels of lead and cadmium in certain dark chocolate bars. It brings suit against Hu Products, LLC, Hu Master Holdings, LLC, and Mondelez International, Inc., alleging that Hu’s Organic Simple Dark Chocolate 70% Cocoa bars contain excessive amounts of lead.
Hu Organic Simple Dark Chocolate 70% Cocoa Bars Lead Content Complaint