NEW YORK, Dec 29 (Portal) – Hershey Co (HSY.N) has been sued by a consumer who accused the company of selling dark chocolate containing harmful levels of lead and cadmium.
In a proposed class action lawsuit filed Wednesday, Christopher Lazazzaro said he would not have bought 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 if Hershey had disclosed their metals content.
Hershey did not 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 relatively low sugar content in dark chocolate might help prevent cardiovascular disease.
Lazazzaro, a resident of Nassau County, New York, is suing two weeks after Consumer Reports revealed the results of scientific testing of 28 bars of dark chocolate for lead and cadmium.
The magazine said that while all 28 contained heavy metals, 23, including chocolates from Dove, Godiva, Lindt and Trader Joe’s, contained potentially harmful levels of lead, cadmium, or both for people who eat an ounce of chocolate a day.
Hershey’s Special Dark Bar and Lily’s 70% Bar were high in lead, and Lily’s 85% Bar was high in lead and cadmium, according to the magazine.
Lazazzaro said sensible consumers are put off by such levels because they pose a “serious health risk” and that consumers rely on Hershey to truthfully disclose the ingredients in its products.
The lawsuit seeks damages of at least $5 million, including at least $500 per transaction under New York law.
Hershey bought Lily’s in June 2021 for $425 million.
Lazazzaro’s attorneys did not immediately respond to requests for comment, including whether further lawsuits are planned.
The case is Lazazzaro v. Hershey Co, U.S. District Court, Eastern District of New York, No. 22-07923.
Reporting by Jonathan Stamp in New York; Adaptation by Leslie Adler
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