Lindt & Sprüngli Lead and Cadmium in Dark Chocolate Bars Class Action

Is dark chocolate healthier than milk chocolate? Not in the case of some chocolate bars, says this class action against Lindt & Sprüngli (North America), Inc. The complaint refers to recent testing by Consumer Reports of the company’s Excellence Dark Chocolate 70% Cocoa bar and Excellence Dark Chocolate 85% Cocoa bar, which claims 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 and cadmium are heavy metals that have 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 heavy metals 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. Lead in bones may be released into the blood, re-exposing organ systems long after the original exposure.”

Similarly, cadmium exposure can cause “damage to kidneys, lungs, and bones.” It can “cause cancer and target[] the body’s cardiovascular, renal, gastrointestinal, neurological, reproductive, and respiratory systems.”

No level of lead can be considered safe, and people should avoid all exposure to cadmium, 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 chocolate. The complaint alleges that Lindt’s Excellence Dark Chocolate 70% Cocoa bar was found to contain 116% of the MADL for cadmium, and its Excellence Dark Chocolate 85% Cocoa bar was found to contain 166% of the MADL for lead in a one-ounce serving.

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 Heavy Metals lurk.” The complaint claims that “cadmium is taken up through the soil by the cacao plant as it grows, while lead is found typically on the outer shell of cacao beans after they are harvested.

But the complaint argues that high levels of these heavy metals 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