Hershey’s Chocolate Over Chocolate Contain Heavy Metals

NEW YORK—Hershey A consumer sued Co., accusing it of selling dangerous levels of lead and/or cadmium in dark chocolate.

In a proposed class action filed on Wednesday, Christopher 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 percent Cocoa, and Lily’s Extreme Dark Chocolate 85 percent Cocoa had Hershey disclosed their metals content.

Hershey didn’t immediately respond to Thursday’s requests for comment regarding the lawsuit, which was filed in a federal court in Central Islip.

Research suggests that antioxidants in dark chocolate and the relatively low level of sugar may prevent heart disease.

Lazazzaro, a Nassau County resident, New York sued two weeks after Consumer Reports released the results from scientific testing on 28 dark chocolate bars.

The magazine said that while all 28 contained the heavy metals, 23 including chocolate from Dove, Godiva, Lindt, and Trader Joe’s contained potentially harmful levels of lead, cadmium or both for people who eat one ounce of chocolate a day.

On the New York Stock Exchange floor, the logo of Hershey Co. was displayed on a screen. It was installed on March 4, 2019. (Brendan McDermid/Reuters)

Hershey’s Special Dark bar and Lily’s 70 percent bar were high in lead, and Lily’s 85 percent bar was high in lead and cadmium, the magazine said.

Lazazzaro claimed that these levels would cause reasonable consumers to be dissuaded because they pose a risk. “serious health risk,” Hershey’s products are honest and consumers can rely on it to do the right thing about ingredients.

The lawsuit seeks at most $5 million in damages, with at least $500 per transaction according to New York law.

Hershey bought Lily’s for $425 million in June 2021.

Lazazzaro’s lawyers did not immediately respond to requests for comment, including as to whether other lawsuits are planned.

Lazazzaro and Hershey Co. are the cases. 22-07923.

Jonathan Stempel

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