A man in the US has sued chocolate manufacturer Hershey alleging that the company misled consumers by failing to disclose the quantities of heavy metals such as lead and cadmium in their three dark chocolate bars, as reported by the BBC. The lawsuit is brought by one Christopher Lazazzaro.
The lawsuit refers to a recent finding by the US magazine Consumer Reports (CR). The magazine had reported that it tested 28 dark chocolate bars for lead and cadmium. It alleges that 23 out of 28, including chocolate from Hershey, Godiva, and Lindt, contained "comparatively higher levels" of the metals.
Christopher Lazazzaro in his suit alleged that he would not have bought or wanted to pay less for Hershey's special dark mildly sweet chocolate, Lily's extra dark chocolate 70 per cent Cocoa, and Lily's extreme dark chocolate bars.
"Consumers rely on (Hershey) to be truthful regarding the ingredients. People are concerned with what is in the food that they are putting into their bodies," the lawsuit said, according to BBC.
The case was filed on Wednesday in a federal court in New York. Lazazzaro is seeking at least $5 million in damages from Hershey.
Consumer Reports (CR) in its study has claimed, "For 23 of the bars, eating just an ounce (28 gram) a day would put an adult over a level that public health authorities and CR's experts say may be harmful for at least one of those heavy metals.” Hershey's Special Dark bar and Lily's 70 per cent bar were high in lead, while Lily's 85 per cent bar was high in lead and cadmium, the study said.
"Any food can contain heavy metals if they are present in the soil in high concentration. Currently, there are no food laws stating that all food batches need to be tested - until they make you sick. While no level of toxins is safe, it is always the 'buyer beware' slogan that comes to mind,’ nutritionist Sheeba Majmudar told the BBC.