Lindt admits chocolate may not be ‘expertly crafted’ in class-action lawsuit battle

(NEXSTAR) — Lindt is known for selling "expertly crafted" chocolates made with the "finest ingredients," but that claim might be more of a marketing exaggeration than a guarantee.

The Swiss-based chocolate candy maker is currently facing a class-action lawsuit in the Eastern District of New York. The plaintiffs allege that Lindt's dark chocolate bars, particularly the 70% and 85% cocoa varieties, contain "significant amounts" of lead and cadmium.

The lawsuit points to a 2022 Consumer Reports study that detected higher levels of heavy metals in 23 out of 28 chocolate bars it tested from various brands, including Lindt.

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The plaintiffs, who hail from multiple states, argue that Lindt misled customers into believing their products were free from "contaminants." They claim that they paid a premium for the chocolate and would have reconsidered had they known about the metals.

In court documents obtained by Nexstar, Lindt stated that "lead and cadmium are unavoidable in the food supply." The company argued that the trace amounts found in its products fall below regulatory limits and aren't notable enough to be considered safety omissions.

Lindt also admitted that phrases like "expertly crafted" are simply "puffery," or general promotional language not meant to be taken as guarantees.

The chocolatier attempted to have the case dismissed. However, in a September 2024 decision, U.S. District Judge Ann M. Donnelly rejected Lindt's motion, allowing the lawsuit to move forward. Donnelly noted that Lindt's marketing claims could lead consumers to expect a level of safety and purity that, according to the plaintiffs, was not met.

In her decision, the judge said: "Lindt made claims regarding the 'excellence' of the chocolate bars and represented they are 'expertly crafted' and made with only the 'finest ingredients.' Lindt also represented that the bars are 'safe.' These partial misrepresentations could cause a reasonable consumer to believe that the bars did not contain unsafe levels of toxic ingredients like lead and cadmium."

Nexstar has reached out to Lindt & Sprüngli for comment regarding the lawsuit.

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Consumer Reports noted in its research that consistent, long-term exposure to even low levels of lead and cadmium can lead to various health issues, including nervous system problems, hypertension and kidney damage.

For its 2022 study, the consumer advocacy group used California's Maximum Allowable Dose Levels (MADL) for lead and cadmium to assess the chocolate, as no federal limits exist.

However, the U.S. Food and Drug Administration (FDA) offers some guidance on lead in food, recommending a maximum of 0.1 parts per million (ppm) in candy often consumed by young children. According to the FDA, dark chocolate often has higher lead levels due to its chocolate liquor content, the main source of lead in chocolate products. The agency suggests that with careful sourcing, lead levels in dark chocolate can be maintained below 0.1 ppm.