Update:
- A consumer who sued Trader Joe’s and its parent company, alleging the supermarket sells dark chocolate that contains high levels of heavy metals, has voluntarily dismissed the case.
- Plaintiff Thomas Ferrante filed a notice of voluntary dismissal without prejudice in his case against Trader Joe’s Co. and T.A.C.T. Holding Inc. on Feb. 2 in a New York federal court.
- The court filing contained no further information on why the plaintiff dismissed the case.
- The dismissed lawsuit related to what Ferrante alleged was the “deceptive and misleading” marketing and sale of Trader Joe’s Dark Chocolate 72% Cacao and Trader Joe’s The Dark Chocolate Lover’s Chocolate 85% Cacao.
- According to the lawsuit, the company failed to disclose the products contained lead and cadmium.
Trader Joe’s dark chocolate class action overview:
- Who: A dark chocolate consumer is suing Trader Joe’s and its parent company.
- Why: The plaintiff says the company sells dark chocolate and does not disclose that it contains high levels of heavy metals.
- Where: The Trader Joe’s dark chocolate class action was filed in a New York federal court.
(Jan. 5, 2023)
A dark chocolate consumer is suing Trader Joe’s and its parent company, alleging the supermarket sells dark chocolate that contains high levels of heavy metals.
Plaintiff Thomas Ferrante filed the class action complaint against Trader Joe’s Co. and T.A.C.T. Holding Inc. on Jan. 4 in a New York federal court, alleging violations of state and federal business laws.
The lawsuit relates to what Ferrante says is the “deceptive and misleading” marketing and sale of Trader Joe’s Dark Chocolate 72% Cacao and Trader Joe’s The Dark Chocolate Lover’s Chocolate 85% Cacao.
According to the lawsuit, the company failed to disclose on the products’ packaging that they contain lead and cadmium.
“Lead is a dangerous and harmful chemical when consumed, especially by pregnant women and children,” the lawsuit states. “Scientists agree that there is no level of lead that is safe.”
Trader Joe’s knew about the lead and cadmium in dark chocolate products, lawsuit alleges
The lawsuit alleges that public reports and articles recently revealed the dark chocolate products contain unsafe levels of lead and cadmium.
“Indeed, these levels of lead and cadmium exceed the MADLs for these chemicals, posing serious health risks. Despite these risks, Defendants failed to include any disclosures regarding lead and cadmium levels on their Products,” the class action states.
The lawsuit alleges the company is required to test the products for quality and certification and would have known about the levels of heavy metals in the products. Despite this, the company made no mention of it on packaging, deceiving customers, the lawsuit alleges.
Ferrante is looking to represent anyone who bought the dark chocolate products in the United States, plus a New York subclass.
The plaintiff is suing for violations of New York business laws and for breach of warranty and unjust enrichment.
Meanwhile, The Hershey Co. is facing a class action lawsuit alleging it misleadingly markets some of its Hershey’s and Lily’s brand dark chocolate products by not disclosing that they contain lead and cadmium.
Have you bought Trader Joe’s dark chocolate? Let us know your thoughts on this lawsuit in the comments.
The plaintiff is represented by Jason P. Sultzer and Daniel Markowitz of The Sultzer Law Group PC.
The Trader Joe’s class action lawsuit is Thomas Ferrante, et al. v. Trader Joe’s Co., et al., Case No. 2:23-cv-00046, in the U.S. District Court for the Eastern District of New York.
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113 thoughts onTrader Joe’s class action alleging dark chocolate contains heavy metals dismissed
Trader Joe’s is negligent by not informing consumers of possible heavy metals present in their 72% cacao chocolate bars. I have purchased many of these bars in the past and just bought 2 more today from Trader Joe’s. I was researching comparable cacao and dark chocolate bars from other suppliers to see if I could determine which bars were the most healthy. To my surprise, I found all kinds of information from lawsuits charging Trader Joe’s from not “at least “ labeling their products of this possible risk. A lot of these lawsuits were from 2022 and would have given Trader Joe’s plenty of time to “at least” label their products of possibly containing heavy metals. That in itself misleads or misinforms the consumer of the possible risks, not to mention removing this product from their shelves until proof for or against this claim can be justified. Today is December 16, 2025 and their products still have no warnings!!! Who is negligent here! The judge that dismissed this should be ashamed of himself for not caring about the consumer or at least set maximum consumption guidelines due to this health risk. Please don’t sweep this under the rug!!!
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