Hershey class action over heavy metals in dark chocolate dismissed

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Update:

• Plaintiff Christopher Lazazzaro voluntarily dismissed a class action lawsuit accusing Hershey of selling dark chocolate containing cadmium and lead. 
• Lazazzaro argued Hershey failed to disclose some of its Lily’s and Hershey brand dark chocolate products allegedly contain lead and cadmium. 
• He claimed Hershey had “exclusive knowledge” about the ingredients in the dark chocolate products and, therefore, was aware of the heavy metal presence. 
• The class action lawsuit was dismissed in February without prejudice and without an award of costs or fees, per court documents.

Hershey dark chocolate class action lawsuit overview: 

• Who: Christopher Lazazzaro filed a class action lawsuit against The Hershey Company. 
• Why: Lazazzaro claims Hershey fails to disclose that some of its Hershey’s and Lily’s brand dark chocolate products contain lead and cadmium. 
• Where: The class action lawsuit was filed in New York federal court. 

(Dec. 19, 2022)

The Hershey Co. misleadingly markets some of its Hershey’s and Lily’s brand dark chocolate products by not disclosing that they contain lead and cadmium, a new class action lawsuit alleges. 

Plaintiff Christopher Lazazzaro claims Hershey fails to disclose the presence of lead and cadmium on the packaging for its Hershey’s Special Dark Mildly Sweet Chocolate, Lily’s Extra Dark Chocolate 70% Cocoa and Lily’s Extreme Dark Chocolate 85% Cocoa products. 

Lazazzaro argues that knowing whether a food product contains high levels of cadmium or lead is “material to reasonable consumers because these chemicals pose serious health risk, even in small dosages.” 

“Consumers rely on Defendant to be truthful regarding the ingredients, including the existence of lead and cadmium, in the Products,” the Hershey class action states. 

Independent testing conducted by Consumer Reports Magazine discovered the presence of “high levels of the dangerous chemicals cadmium and lead,” according to the Hershey class action. 

Hershey knew products contained lead, cadmium, class action says

Hershey either knew or could not have been unaware of the presence of lead and cadmium in some of its Hershey dark chocolate products, the class action alleges. 

“Defendant sources the ingredients and manufactures the Products and has exclusive knowledge of the quality control testing on the Products and the ingredients contained therein,” the Hershey class action states. 

Lazazzaro claims Hershey is guilty of unjust enrichment and breach of implied warranty and is in violation of New York General Business Law. 

Lazazzaro wants to represent a nationwide class and New York subclass of consumers who purchased the Hershey’s and Lily’s dark chocolate products named in the class action. 

He demands a jury trial and requests declaratory relief along with an award of monetary, treble, statutory and punitive damages for himself and all class members.

A consumer filed a separate class action lawsuit against Hershey earlier this year, arguing the company uses cheaper-than-expected ingredients in its Hershey’s Hot Fudge topping product. 

Have you purchased Hershey dark chocolate products? Let us know in the comments! 

The plaintiff is represented by Jason P. Sultzer and Daniel Markowitz of The Sultzer Law Group PC; Gary M. Klinger, Nick Suciu III and Trenton R. Kashima of Milberg Coleman Bryson Phillips Grossman PLLC; Charles E. Schaffer and David C. Magagna Jr. of Levin Sedran & Berman; and Jeffrey K. Brown of Leeds Brown Law PC. 

The Hershey dark chocolate class action lawsuit is Lazazzaro, et al. v. The Hershey Co., Case No. 2:22-cv-07923, in the U.S. District Court for the Eastern District of New York. 

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