In December 2022, chocolate companies were sued following the publication of a Consumer Reports investigation titled “Lead, and Cadmium Might Be in Your Dark Chocolate”. The survey discovered elevated levels of heavy metals, such as lead and cadmium, in 28 different varieties of dark chocolate. Prominent corporations such as Hershey, Traders Joe's, Lindt, Pascha, Green & Black's, Beyond Good, Equal Exchange, Scharffen Berger, Godiva, Dove, Alter Eco, Tony's, Chocolove, Endangered Species, Hu, and Theo are not aware of the alarming research.
Two New Yorkers filed lawsuits against the Hershey Company in the U.S. District Court of the Eastern District of New York on December 28, 2022. Using deceptive and dishonest business practices, the defendant was accused of promoting and selling Hershey's and Lily's dark chocolate products.
The company responsible for producing Hershey's dark chocolate was charged with using false, misleading, and deceptive advertising even though they were aware that their products contained heavy metal toxicity. The plaintiffs' lawsuit against chocolate companies relied on the defendant's misrepresentations and omissions that the products were made entirely of substances found in dark chocolate.
Christopher Lazazzaro, the plaintiff, filed the class action lawsuit against the chocolate factory on behalf of the plaintiffs.
Trader Joe's Dark Chocolate 72% Cacao and The Dark Chocolate Lover's Chocolate 85% Cacao both have high lead and cadmium levels, according to Consumer Reports. Dark Chocolate Lover's Chocolate 85% Cacao was found to contain 127% lead and 229% cadmium, respectively, by MADL measurements.
The Hershey dark chocolate lawsuit was filed in the U.S. District Court for the Eastern District of New York one week after the plaintiffs Tamakia Herd and Tom Ferrante filed two complaints against Trader Joe's.
According to Consumer Reports, harvesting cacao beans and producing chocolate may increase the levels of heavy metals in the blood. Researchers advise genetically modifying cacao trees to reduce metal contamination, washing cacao beans in factories, or mixing higher metal-containing cacao beans with other types of beans.
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