Hershey was sued by a consumer who accused the corporate of selling dark chocolate containing harmful levels of lead and cadmium.
In a proposed class motion lawsuit filed Wednesday, Christopher Lazazzaro said he wouldn’t have purchased or paid less for Hershey’s Special Dark Mildly Sweet Chocolate, Lily’s Extra Dark Chocolate 70% Cocoa, and Lily’s Extreme Dark Chocolate 85% Cocoa had Hershey disclosed their metal content.
Hershey didn’t immediately respond Thursday to requests for comment on the lawsuit, which was filed in federal court in Central Islip, New York.
Some studies suggest that the antioxidants and comparatively low sugar levels in dark chocolate may help prevent heart problems.
Lazazzaro, a Nassau County resident, was sued two weeks later Consumer Reports presented the outcomes of scientific research on 28 dark chocolate bars for lead and cadmium content.
The magazine said while all 28 contained heavy metals, 23, including Dove, Godiva, Lindt and Trader Joe’s chocolate, contained potentially harmful levels of lead, cadmium or each for individuals who eat one ounce of chocolate a day.
Hershey’s Special Dark bar and Lily 70% bar were high in lead, while the Lily 85% bar was high in lead and cadmium, the magazine reported.
Lazazzaro said that reasonable consumers could be delay by such levels as they pose a “serious health risk” and that customers depend on Hershey to inform the reality in regards to the ingredients in his products.
The lawsuit seeks a minimum of $5 million in damages, including a minimum of $500 per transaction under New York law.
Hershey bought Lily for USD 425 million in June 2021.
Lazazzaro’s lawyers didn’t immediately reply to requests for comment, including whether other lawsuits are planned.