Lindt Dark Chocolate Lawsuit: Judge Allows Case Over Lead, Cadmium Claims to Proceed

Case Overview: A federal judge has denied Lindt & Sprüngli's motion to dismiss a class action lawsuit alleging that the company's dark chocolate contains harmful levels of lead and cadmium and that the company misled consumers about the safety and quality of its products.

Consumers Affected: Individuals who purchased Lindt dark chocolate.

Court: U.S. District Court for the Eastern District of New York

A federal judge has denied Lindt & Sprüngli (USA) Inc.'s motion to dismiss a class action alleging that the company's dark chocolate bars contain potentially harmful levels of lead and cadmium. 

Filed in the U.S. District Court for the Eastern District of New York, the action claims Lindt misled consumers by advertising its dark chocolate as "expertly crafted with the finest ingredients" and "safe, as well as delightful" while failing to disclose the presence of these heavy metals.

U.S. District Judge Ann M. Donnelly's decision allows the case to proceed, paving the way for the plaintiffs to pursue their claims that Lindt engaged in deceptive marketing and failed to adequately warn consumers about potential health risks.

Lawsuit Claims Lindt Dark Chocolate Contains Lead and Cadmium

Filed in February 2023, the class action focuses on Lindt's 70% and 85% cocoa dark chocolate bars. The plaintiffs allege that they paid a premium price for these bars based on Lindt's representations about the quality and safety of its ingredients. They claim they would not have purchased the chocolate, or would have paid less for it, had they known it contained lead and cadmium.

A December 2022 Consumer Reports article revealed that certain dark chocolate bars, including Lindt's 70% and 85% bars, contained levels of lead and cadmium that could be harmful if consumed regularly. The article stated that "eating just an ounce a day would put an adult over a level that public health authorities and Consumer Reports’ experts say may be harmful."  

The plaintiffs also allege that Lindt has known about the presence of lead and cadmium in its dark chocolate since at least 2014, when a non-profit consumer advocacy organization reportedly informed the company about the issue.

Judge Allows Lawsuit Against Lindt to Proceed

Lindt attempted to have the case dismissed, arguing that the plaintiffs failed to adequately allege a duty to disclose, deception, breach of implied warranty, and standing to pursue their claims. However, Judge Donnelly rejected these arguments.

Judge Donnelly ruled that the plaintiffs had sufficiently alleged that a reasonable consumer could be misled by Lindt's advertising, which emphasized the safety and quality of its ingredients. She also found that the plaintiffs had suffered an injury by paying a premium price for a product that allegedly contained potentially harmful levels of heavy metals.

Lindt Accused of Misleading Consumers About Safety of Dark Chocolate

The case highlights that consumers often choose dark chocolate for its perceived health benefits, including its high antioxidant content and relatively low sugar levels. It argues that Lindt's marketing of its dark chocolate as "safe" and made with "the finest ingredients" reinforces these perceptions and leads consumers to believe that the product is free from harmful contaminants.

The plaintiffs contend that Lindt's failure to disclose the presence of lead and cadmium in its dark chocolate violates consumer protection laws and constitutes deceptive marketing.

Consumer Concerns Over Heavy Metals in Food Products Lead to Lawsuits

This lawsuit against Lindt is not unique. Several other recent class actions have targeted food and product manufacturers over concerns about lead and other heavy metals. For example, a class action lawsuit was filed against Kraft Heinz in April 2024, alleging that the company's popular Lunchables lunch kits contained levels of lead and cadmium that could be harmful to children.

Also, in August 2024, a class action lawsuit was filed against Soojimus, the maker of Cupkin children's cups, after the company recalled over 340,000 stainless steel cups due to lead contamination. And earlier in 2024, a similar lawsuit was filed against the makers of Stanley Quencher cups, alleging that these popular products also contained lead.

Case Details

• Lawsuit: In Re Lindt & Sprüngli (USA), Inc., Dark Chocolate Litigation
• Case Number: 23-cv-1186 (AMD) (JAM) 
• Court: U.S. District Court for the Eastern District of New York

Have you purchased Lindt dark chocolate? Share your thoughts and concerns in the comments below.