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Some popular chocolate brands, including Hershey’s and Lindt, have faced lawsuits alleging that certain dark chocolate products contained potentially unsafe levels of heavy metals, including lead and cadmium. Both substances have been associated with serious health risks, and cadmium is recognised as a cancer-causing substance. The lawsuits, filed in the United States, accused manufacturers of failing to adequately disclose the alleged presence of the substances to consumers. However, the allegations in the lawsuits do not, by themselves, establish that the products caused cancer or that the companies violated the law.
Here are five chocolate brands that have faced legal action over the allegations.
Hershey’s
The Hershey Company was sued over allegations that certain dark chocolate products contained lead and cadmium at levels that were not adequately disclosed to consumers. In a proposed class-action lawsuit filed in January 2023, a consumer alleged that Hershey’s Special Dark Mildly Sweet Chocolate and products sold under its Lily’s brand contained potentially unsafe levels of the heavy metals. The complaint also accused the company of failing to adequately address concerns about the substances in its products. A federal judge ruled on parts of Hershey’s motion to dismiss in August 2024, allowing some claims to proceed while dismissing others.
Lindt
Swiss chocolate manufacturer Lindt & Sprüngli was named in proposed class-action litigation over its Excellence Dark Chocolate bars. The complaints alleged that certain 70 per cent and 85 per cent cocoa products contained potentially unsafe levels of lead and cadmium and that the company failed to adequately warn consumers. The lawsuits followed testing by Consumer Reports, which reported elevated levels of the metals in some dark chocolate products. In September 2024, a federal judge in New York denied Lindt’s motion to dismiss a consolidated case, allowing the claims to proceed.
Godiva
Godiva Chocolatier was also named in proposed class-action litigation concerning its Signature Dark Chocolate 72 per cent Cacao bar. The complaints alleged that the product contained potentially unsafe levels of lead and cadmium and accused the company of failing to disclose the substances adequately to consumers. The plaintiffs argued that the alleged presence of the heavy metals was material information that consumers should have received before purchasing the chocolate. The claims formed part of a wider series of consumer lawsuits targeting manufacturers of certain dark chocolate products following reports of heavy metals in the category.
Dove
Mars, the company behind Dove chocolate, faced a proposed class-action lawsuit over its Dove Promises Deeper Dark Chocolate 70 per cent Cacao bars. Filed in January 2023, the complaint alleged that the product contained potentially unsafe levels of lead and cadmium that were not disclosed on its packaging. The plaintiff accused Mars of misleading consumers who purchased the chocolate believing it was safe to consume.
Green & Black’s
Green & Black’s, a chocolate brand owned by Mondelez International, was also named in litigation concerning certain Organic Dark Chocolate products. The lawsuits alleged that its 70 per cent and 85 per cent cacao bars contained potentially unsafe levels of lead and cadmium. In March 2024, a federal judge denied Mondelez Global’s motion for reconsideration in one of the cases involving the products. (LEADERSHIP)
•A Hershey’s chocolate bar