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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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112 thoughts onTrader Joe’s class action alleging dark chocolate contains heavy metals dismissed
Add me, please
add me to the trader joes lawsuit.
I have purchased the above dark chocolate and want to be added to the claim.
Me and my wife in California were eating the Dark Chocolate Lovers Chocolate Bar 85% Cacao for at least a 1 and 1/2 years, about 1 bar per week. I at most of it. This is terrible that they knew the levels were too high and still sold it.
I am calling my doctor to see about checking me for heavy metals.
I would definitely like to be included in the lawsuit if possible.
I’ve been purchasing and eating around 2-4 The Dark Chocolate Lover’s Chocolate
85% Cacao a week for a few years because I thought it was a healthy alternative to other sweets and with the added befits of antioxidants! I wonder how long they’ve had these elevated levels of LEAD 143% CADMIUM 181% in their Dark Chocolate Lover’s Chocolate bars? Recently have been to the doctor because I haven’t been feeling well. Have been diagnosed with hypertension, dizziness, muscle pain, headaches, fatigue and insomnia. I’m concerned of the other long term effects, like kidney disease. and others I am going to get tested for heavy metals, now that I know this could be the cause of my aliments. Please add me to this class action law suit. I live in California and frequently shop at Trader Joes. Thank you!
Specifically the Dark Chocolate 72% Cacao has been my major daily treat for a decade. When other people are eating dessert, I am eating the TJ’s dark chocolate that I brought for myself. I cannot understate how much of this product that I have consumed, daily, to the point that it’s a well-known trait of my personality. Over the years I’ve constantly been exploring solutions for my energy/hormone/immune health, and I’m a major stickler with caution in what I eat and how it makes me feel. So this healthy-seeming consumption was an intentional choice. I wouldn’t be surprised if this was a huge blind spot for me, and I am alarmed for my longterm health.
I and my family have been eating Trader Joe’s dark chocolate for years now, thinking this was a healthy snack.
Please add me to the lawsuit list
My now 16yr old son and I had been consuming large amounts of the 72% dark chocolate for the past 2-3yrs. Sometimes a full pound a week. I was diagnosed by my doctor a year ago with unexplainable anemia and low hemoglobin. I am a very health conscious person so this condition has been very puzzling to me and my doctor until I heard of this news. I am very upset about this and more so for the possible impact on my son. Please help. Please contact me.
add me
The only chocolate we’ve purchased as it’s dairy and soy free. Haven’t purchased often m, but had maybe 3 times and shared with someone at a point.
My partner and I have been eating the 1 lb dark chocolate with almonds for about 3 years. I’m concerned since I asked a Trader Joe’s staff member approximately two weeks ago about the recall and she told my partner and me that the claim about the dark chocolate wasn’t true. We live in Orange County and have purchased the chocolate from at least two Trader Joe’s stores.
Does this class action include the “Pound Plus Dark Chocolate Bar,” “imported from Belgium,” 17.6 oz? My husband and I eat this regularly. I have one in my kitchen right now. Expiration date is 6-2-24.
I have been consuming TJ’s Dark Chocolate Lover’s daily for about 10 years.
I assumed it was a healthy chocolate. Please add me to to class action suit.