One of the world’s leading premium chocolate makers is facing a putative class action lawsuit alleging deceptive marketing.
The lawsuit, filed in the US District Court for the Eastern District of New York in February 2023, claims the Swiss chocolate giant has misled consumers by advertising its dark chocolate as ‘expertly crafted with the finest ingredients’ and ‘safe, as well as delightful’. In fact, they allegedly contain significant levels of lead and cadmium.
Lindt chocolates are highly regarded in the bakery and snacks sectors, particularly in the premium segment. They are often used for their rich flavor and high-quality ingredients in gourmet baked goods, desserts and upscale snack products, appealing to consumers seeking indulgent and luxurious experiences. Due to their premium pricing, they are more commonly found in artisanal or premium offerings rather than mass-produced products.
The ongoing legal battle has significant implications not only for Lindt but also for the broader confectionery industry, which is increasingly being scrutinized over ingredient transparency.
The allegations
Lindt markets its dark chocolate bars as being of superior quality and safe for consumption. However, the lawsuit hinges on claims that independent testing in December 2022 revealed that Lindt’s 70% and 85% dark chocolate products contained ‘exceedingly high levels of lead and cadmium’, which could pose a health risk, particularly to vulnerable groups such as pregnant women and children.
‘According to the report, one ounce of the three and a half ounce Lindt 85% Cocoa Dark Chocolate Bar contained lead at 166% above the California Maximum Allowable Dose Levels (MADL). One ounce of the three and a half ounce Lindt 70% Cocoa Excellence Dark Chocolate Bar contained cadmium at 116% above the California MADL’, says the lawsuit.
The lawsuit goes on to allege that Lindt knew that its bars contained the contaminants.
‘Starting in 2014, Defendant’s products were tested by a non-profit consumer advocacy organization, which informed Defendant that its dark chocolate products contained levels of cadmium and lead, a subject of concern for the group and for consumers at large,” it states.
As such, it argues that Lindt’s failure to disclose this information violates consumer protection laws and constitutes deceptive marketing practices.
Impact on the bakery and snacks sectors
The case against Lindt is part of a broader trend of increasing consumer awareness and demand for transparency in food products, especially in premium and health-conscious segments.
Lead, a heavy metal, is a naturally occurring element that can be present in small amounts in the environment and subsequently in food. However, prolonged exposure to significant levels of lead is known to be harmful, potentially leading to developmental issues in children and other health risks.
For producers like Lindt, which trade heavily on their reputation for quality, this lawsuit could damage consumer trust.
The allegations also put a spotlight on the entire dark chocolate sector – and those in other sectors that rely on such products – which has seen increased popularity due to its perceived health benefits. It may also prompt regulatory bodies to take a closer look at the levels of lead and other heavy metals in chocolate products. While the US Food and Drug Administration (FDA) has guidelines for acceptable lead levels in sweet snacks frequently consumed by small children, there are no specific regulations for dark chocolate. This case could push for clearer industry-wide standards regarding permissible heavy metal content in products marketed as ‘healthy’ or ‘premium’.
It also means that stricter regulations could impose heftier operational costs for bakery and snack manufacturers, which may need to invest in new testing and quality control measures to ensure compliance.
Additionally, the case raises questions about the labeling and marketing of food products. If Lindt is found liable, it could lead to tighter regulations on how companies present their products to consumers, particularly when safety and quality claims are involved. Brands will need to ensure their marketing practices align with product testing and safety standards to avoid similar lawsuits.
A Lindt & Sprüngli spokesperson told Bakery&Snacks, “We are aware of the lawsuit that was filed. Lindt intends to vigorously defend itself against these entirely unproven challenges to our products. Like all of our products, our Excellence 85% and Excellence 70% chocolate bars meet strict quality and food safety requirements and are safe to consume.”
Case:
Lindt & Sprüngli Dark Chocolate Litigation, No. 1:2023cv01186 – Document 41 (E.D.N.Y. 2024)
