The Hershey Company is being sued by a consumer who claims its dark chocolate poses a "serious health risk."
The proposed class-action suit accuses the company of selling dark chocolate that contains harmful levels of lead and cadmium.
Christopher Lazazzaro, a resident of Nassau County, New York, filed the lawsuit two weeks after Consumer Reports unveiled the results of scientific testing of 28 dark chocolate bars for lead and cadmium -- two heavy metals linked to a host of health problems in children and adults.
Lazazzaro said he would not have bought, or would have 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 metals content.
Hershey did not respond to requests for comment.
Consumers Reports tested 28 dark chocolate bars for lead and cadmium, using California's maximum allowable dose level for lead (0.5 micrograms) and cadmium (4.1mcg), to determine the risk posed by the chocolates.
"We used those levels because there are no federal limits for the amount of lead and cadmium most foods can contain, and CR's scientists believe that California's levels are the most protective available," the study noted.
According to the independent testing, Hershey’s Special Dark Mildly Sweet Chocolate contained 265% of the threshold for lead, Lily’s Extra Dark Chocolate contained 144% of the threshold for lead, and Lily’s Extreme Dark Chocolate contained 143% of threshold for lead as well as 101% above the level for cadmium.
In his lawsuit, Lazazzaro claims that Hershey's "advertising and marketing campaign for the products is false, deceptive, and misleading" because it fails to disclose the amounts of lead and cadmium. He says reasonable consumers would be turned off by such levels because they pose a "serious health risk," and that consumers rely on Hershey to be truthful about ingredients in its products, Reuters reported.
The complaint accuses The Hershey Company of engaging in deceptive business practices. It is seeking at least $5 million in damages, including at least $500 per transaction under New York law, per Reuters.
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