Trader Joe’s class action alleging dark chocolate contains heavy metals dismissed

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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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