- Annabelle Liang
- BBC Business Correspondent
A lawsuit has been filed against the chocolate maker, Hershey’s, in the United States for allegedly selling products containing harmful levels of the metal.
The lawsuit, filed by Christopher Lazzaro, claims the company misled consumers by not disclosing the amounts of lead and cadmium in three bars of dark chocolate.
He stated that he would not have bought the products had he known.
Hershey did not immediately respond to a request for comment.
Some studies suggest that the antioxidants and relatively low levels of sugar in dark chocolate may help prevent heart disease.
But the lawsuit refers to recent findings by the US magazine Consumer Reports, which tested 28 bars of dark chocolate for lead and cadmium.
The magazine said 23 of them, including chocolates from Hershey, Godiva and Lindt, contained “relatively higher levels” of the mineral.
“For 23 bars, eating just 28 grams a day would put an adult above a level that public health authorities and creatinine experts say could be harmful to at least one of those heavy metals,” he added.
Notably, “Hershey’s Special Dark” and Lily’s bars were 70% lead, while 85% “Lilly” had high lead and cadmium content.
“Any food can contain heavy metals if they are present in the soil in high concentrations,” nutritionist Sheba Majmudar told the BBC.
“Currently, there are no dietary laws that state that all quantities of food must be tested, in order to make you sick. And while there is no safe level of toxicity, ‘buyer beware’ always comes to mind,” he added.
The lawsuit, filed by Lazzaro on Wednesday in New York federal court, alleges he wants to pay less for Hershey’s “Special Dark Mildly Sweet Chocolate,” Lily’s 70% Cocoa Extra Dark Chocolate and Dark Chocolate Bars of Lily’s Extreme produced by Lilly’s.
The Hershey Company purchased Lilly’s low-sugar bars last June, describing them as “a great addition to Hershey’s growing portfolio of better-for-you snack brands.”
“Consumers are counting on (Hershey’s) to be honest about ingredients,” the lawsuit states.
She adds that “people are concerned about what’s in the food they put into their bodies” while parents and caregivers are “concerned about what they feed the children in their care.”
Lazarus is seeking at least $5 million in settlements from Hershey in the proposed class action lawsuit.
Hershey and Lazzaro’s lawyers did not immediately respond to BBC requests for comment.
