Lindt Excellence Dark Chocolate Bars Levels of Lead and Cadmium Class Action

Is dark chocolate healthier than milk chocolate? Many people believe so, but the complaint for this class action alleges that certain dark chocolate bars made by Lindt & Sprüngli (USA), Inc. may be detrimental for health because they contain concerning amounts of lead and cadmium. These include the Lindt Excellence Dark Chocolate 70% Cocoa bar and the Lindt Excellence Dark Chocolate 85% Cocoa bar, the complaint claims, referring to testing by Consumer Reports disclosed in a report in December 2022.

The class for this action is all persons in the US who bought the products between the beginning of the applicable limitations period through the data of judgment in this case. New York and California subclasses have also been proposed, for those in the above class who bought the product in those respective states.

Consumer Reports tested twenty-eight bars of dark chocolate from a number of different companies. The organization claims that the levels of lead and cadmium in some bars, including the two that are the subject of this case, were high enough 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.”

Heavy metals like lead and cadmium are harmful to human beings, the complaint alleges: “Exposure puts children at risk for lowered IQ, behavioral problems…, type 2 diabetes, and cancer, among other health issues.” They also are harmful to adults, with “[e]ven modest amounts” raising “the risk of cancer, cognitive and reproductive problems, and other adverse conditions.”

The complaint alleges that there are no safe levels of exposure for lead and cadmium.

To speak of the risks posed by the chocolate bars, Consumer Reports adopted a measure related to California’s maximum allowable dose level (MADL), which is 0.5 micrograms for lead and 4.1 micrograms for cadmium.

The complaint alleges that Consumer Reports found the Lindt Excellence Dark Chocolate 70% Cocoa bar to contain cadmium levels that were 116% of the MADL and the Lindt Excellence Dark Chocolate 85% Cocoa bar to contain lead levels of 166% of the MADL.

According to the complaint, the two heavy metals are related to the cacao beans, which is why dark chocolate is more problematic than milk chocolate. The complaint alleges that cadmium is drawn up into the cacao plant from the soil, while lead comes to be on the outer shell of the cacao bean after it has been harvested.

Five of the twenty-eight dark chocolates tested were below the MADL levels for both lead and cadmium, and the complaint alleges that this proves that dark chocolate bars can be produced that do not contain high levels of these heavy metals.

“Instead of adequately testing its Products like its competitors,” the complaint accuses, Lindt “chose to ignore the health of the consuming public in pursuit of profit.”

Article Type: Lawsuit
Topic: Consumer
Tags: Contaminated with Harmful Substances, Deceptive Advertising, Heavy Metals