Dark chocolate class action lawsuit overview:
- Who: Crystal Rodriguez filed a class action lawsuit against Mondelēz Global LLC.
- Why: Rodriguez claims Mondelēz sold a pair of dark chocolate products containing the toxic heavy metals cadmium and lead.
- Where: The class action lawsuit was filed in California federal court.
Mondelēz Global sells dark chocolate bars containing the toxic heavy metals cadmium and lead, a new class action lawsuit alleges.
Plaintiff Crystal Rodriguez claims Mondelēz sold Green & Black’s and Hu-brand dark chocolate bars respectively containing 143% and 210% of California’s maximum allowable dose level for lead.
A December 2022 report from Consumer Reports revealed the presence of lead and cadmium in the Mondelēz dark chocolate bar products and other brands, according to the Mondelēz class action.
Rodriguez argues the presence of the cadmium and lead in food products can cause a number of health problems, including cancer and “often irreversible” brain damage, and pose a “serious safety risk” to consumers.
Mondelēz failed to disclose presence of lead, cadmium to consumers, class action says
Rodriguez claims Mondelēz failed to disclose the presence of lead and cadmium to consumers and instead “stood idly by with a reckless disregard for its consumers’ health and well-being.”
“No reasonable consumer would know, or have reason to know, that the Products contained heavy metals, including lead and cadmium,” the Mondelēz class action states.
Mondelez is accused of unjust enrichment and violating California’s Song-Beverly Consumer Warranty Act, Consumers Legal Remedies Act, False Advertising Law and Unfair Competition Law.
Rodriguez wants to represent a nationwide class and California class of consumers who purchased the Mondelēz dark chocolate bar products for personal or household use within the last four years.
He demands a jury trial and requests declaratory and injunctive relief along with an award of compensatory and punitive damages for herself and all class members.
A consumer filed a similar class action lawsuit against Godiva earlier this month, arguing the company sold dark chocolate products containing unsafe levels of lead.
Have you purchased a Mondelēz dark chocolate product? Let us know in the comments.
The plaintiff is represented by Jack Fitzgerald, Paul K. Joseph, Melanie Persinger, Trevor M. Flynn and Caroline S. Emhardt of Fitzgerald Joseph LLP.
The Mondelēz dark chocolate class action lawsuit is Rodriguez, et al. v. Mondelēz Global LLC, Case No. 3:23-cv-00057, in the U.S. District Court for the Southern District of California.
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