• The lawsuit seeks damages of at least $5 million, including a minimum of $500 per transaction under New York law.
Hershey has been sued in the United States by a customer alleging that the company is selling dark chocolate that contains harmful levels of lead and cadmium.
The lawsuit was filed by Christopher Lazzaro in federal court in Central Islip, New York. The lawsuit seeks at least $5 million in damages, including at least $500 per transaction under New York law.
Lazzaro said that if Hershey had disclosed the amount of metal in the chocolate, he would not have bought the chocolate or paid less, as reported by Reuters.
He said reasonable consumers would be put off such levels because they pose a "serious health risk". He said consumers trust Hershey to be truthful about the ingredients in its products.
The lawsuit comes after a recent Consumer Reports report revealed the results of scientific testing of 28 dark chocolate bars for lead and cadmium.
The magazine said that while all 28 dark chocolates contained heavy metals, 23 contained potentially harmful levels of lead, cadmium or both, including chocolates from Dove, Godiva, Lindt and Trader Joe's for those who eat an ounce of chocolate a day.
According to Hershey's Special Dark bars, 70% of Lilly's bars had high levels of lead, while 85% of Lilly's bars had high levels of lead and cadmium.
According to Consumer Reports, one ounce of Lilly's Extra Dark chocolate contained 144 percent lead and 42 percent cadmium, Hershey's Special Dark Mildly Sweet chocolate contained 265 percent lead and 30 percent more cadmium than normal levels. Lilly's Extremely Dark Chocolate was high in both lead and cadmium, with one ounce containing 143 percent more lead and 101 percent more cadmium.
The report also found five chocolates including brands such as Mast, Taza, Valrhona, Ghirardelli had relatively low levels of both lead and cadmium.
Some studies suggest that the antioxidants and relatively low levels of sugar in dark chocolate may help prevent heart disease.
Reports suggest that one ounce of the highest cadmium and lead levels in the tests is unlikely to cause any immediate harm, however, the risk comes with continued consumption.
In addition, heavy metals also occur in some other foods, including other nutritious foods such as carrots, sweet potatoes, and spinach.
Meanwhile, Hershey bought Lilly in June 2021 for $425 million.
