Hershey’s Chocolate is shown in Overland Park, Kansas July 25, 2011. The Hershey Co. is being sued Failed to disclose the presence of heavy metals in its dark chocolate bars.
Charlie Riedel/AP
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Charlie Riedel/AP
Hershey’s Chocolate is shown in Overland Park, Kansas July 25, 2011. The Hershey Co. is being sued Failed to disclose the presence of heavy metals in its dark chocolate bars.
Charlie Riedel/AP
The Hershey Company. is being sued for allegedly failing to disclose the presence of lead and cadmium in several of its dark chocolate bars.
The proposed class action lawsuit, brought by Christopher Lazzazzaro of New York, comes two weeks after Consumer Reports sounded the alarm on dangerous heavy metals in dark chocolate bars from manufacturers such as Lindt, Ghirardelli and Hershey’s.
For three of Hershey’s dark chocolate bars, Consumer Reports said just one ounce violates California law the maximum permissible doses (MADL) for lead or cadmium: Hershey’s Special Dark Mildly Sweet Chocolate, Lily’s Extra Dark Chocolate 70% Cocoa and Lily’s Extreme Dark Chocolate 85% Cocoa.
Hershey’s acquired Lily’s, which markets GMO-free and gluten-free chocolate, for $425 million in June 2021.
The lawsuit seeks $5 million from Hershey’s, calling its advertising and marketing campaign for the dark chocolate bars “false, misleading and misleading.” Plaintiffs’ attorneys argue that if Hershey’s had indicated on its label that these dark chocolate bars contained lead and cadmium, Lazzazzaro would not have purchased them.
“Consumers reasonably rely on defendant’s marketing and label information to make purchasing decisions,” plaintiffs’ attorneys said in the court filing. “By marketing the products as containing only dark chocolate ingredients and failing to disclose the presence of cadmium and lead, defendant is misleading reasonable consumers.”
Hershey’s did not immediately respond to a request for comment.
Christopher Gindlesperger, spokesperson for the National Confectioners Association – which he chocolate makers, including Hershey’s, Lindt and Godiva – nominated by NPR Dec. 16 statementswho said, “The products cited in this study meet strict quality and safety requirements, and the levels provided to us by Consumer Reports testing are well below the limits established by our regulations.” [with As You Sow].”
The association reached an agreement in 2018 with as you sowa group that advocates the application of Proposition 65, which is responsible for California limitations. The rules established focus levels for lead and cadmium which require warning labels if exceeded.
The association told NPR on Dec. 3. 16 of its manufacturers, including Hershey’s, have adhered to the levels established by the regulations. Asked about the regulations and trigger warning labels regarding the lawsuit on Friday, the association denied comment.
Significant exposure to cadmium may cause lung cancer and harm reproduction, while significant exposure to lead can slow the growth and development of children.
“High levels of lead and cadmium in food products are important to reasonable consumers because these chemicals pose a serious health risk, even in small doses,” plaintiffs’ attorneys said.
But experts say California’s limits set by Proposition 65 and MADLs in general should be “very conservative” to account for people in high-risk categories.
Johns Hopkins Medicine toxicologist Andrew Stolbach says NPR the heavy metal levels in these dark chocolate bars when eaten in moderation “isn’t something to worry about.”
The United States Food and Drug Administration Offers more flexible recommendations for daily lead intake than California’s limits.
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