From recalls to class action lawsuits, sweet treats came under scrutiny in 2023

Sweet treats recalls, class action lawsuits overview: 

• Who: Companies, including Godiva, Lindt, Hershey, Sazerac and Candy Dynamics, among others, initiated recalls and class action lawsuits involving sweet treats this year.
• Why: The sweet treat concerns include possible listeria contamination, undeclared allergens, alleged false advertising and alleged hazardous products. 
• Where: The sweet treat recalls and class action lawsuits affect consumers nationwide this holiday season. 

Consumers with a sweet tooth can stay safe this holiday season by reviewing recalls and class action lawsuits involving sweet treats this year. 

Dark chocolate and different kinds of beverages and candies are among the sweet treats that came under scrutiny this year, with concerns ranging from possible contamination to undeclared allergens, among other things. 

Chocolate makers accused of failing to disclose heavy metal presence 

Several dark chocolate products were the subject of class action lawsuits this year, involving claims they contained unsafe levels of the toxic heavy metal lead and cadmium.

The lawsuits came in the wake of a December 2022 Consumer Reports report purporting certain dark chocolate bars contained high enough levels of cadmium and lead that could affect consumers who ate only an ounce a day. 

A class action lawsuit filed against Mondelēz Global LLC is ongoing, while claims filed against Lindt, The Hershey Company and Godiva were voluntarily dismissed. 

Lindt, Hershey, Godiva and Mondelēz were all accused of failing to disclose to consumers that their dark chocolate products allegedly contained unsafe levels of the toxic heavy metals. 

Beverage makers mislead consumers about contents of ‘hard alcohol’ drinks, class actions say 

Consumers filed class action lawsuits against beverage makers this year over false advertising claims. 

A consumer filed one such complaint against Sazerac Co. Inc. in January, arguing the company misleads consumers into expecting its Fireball Cinnamon mini products to contain whisky. 

The consumer argues the Fireball Cinnamon product is only a malt beverage and not the same as Sazerac’s Fireball Cinnamon Whisky product, despite the two allegedly looking identical sans the former not containing the word “Whisky” on its label. 

“When viewed together with the Fireball distilled spirit brand name, the label misleads consumers into believing it is or contains distilled spirits,” the Fireball class action states. 

Consumers filed two additional class action lawsuits against Sazerac this year over claims it misled consumers into believing its Parrot Bay beverages in mini bottles contain rum and that its Southern Comfort mini bottles contain actual whisky. 

Consumers also filed class action lawsuits against Molson Coors Beverage Co USA for its Vizzy brand Mimosa Hard Seltzer product and Bumbu Rum Co. for its “Original Craft Rum” products over claims they don’t contain champagne and rum, respectively. 

Sweet treat recalls initiated over undeclared allergens, possible listeria contamination 

Companies initiated recalls involving sweet treats this year over concerns the products contained undeclared allergens, including milk and tree nuts, were contaminated with listeria or posed a choking hazard. 

In regard to undeclared allergens, in March, Salento Organics recalled a range of its dark chocolate bites over concerns they may contain undeclared milk, and, in October, Kula Brands initiated a recall for 12-ounce cans of its Pina Colada + Kratom Seltzer over concerns they contained undeclared milk and tree nuts.  

In August, Life Raft Treats and Real Kosher Ice Cream initiated recalls for ice cream products over potential listeria contamination. 

The Life Raft Treats recall expanded on an existing recall for its Not Fried Chicken and Life is Peachy flavors of ice cream, while the Real Kosher Ice Cream recall involves a range of the company’s Soft Serve on the Go ice cream and sorbet cups.

Real Kosher initiated its recall in the wake of two hospitalizations potentially linked to consuming its recalled ice cream products. The company was also hit with a class action lawsuit in August in connection with the recall. 

Candy Dynamics recalls sour liquid candy product over choking hazard 

In more recall news, Candy Dynamics recalled around 70 million of its Slime Licker Sour Rolling Liquid Candy products in October over concerns a rolling ball applicator in the container of the product could detach, creating a choking hazard. 

Candy Dynamics says it received two reports of the rolling ball applicator in the container of the recalled candy product detaching but no injuries 

Following the recall, a consumer filed a class action lawsuit against Candy Dynamics, arguing the company was unjustly enriched by allegedly selling a hazardous product. 

“Plaintiff and those similarly situated purchased the products so that their children could enjoy a sweet treat, and believed that the products were safe for human consumption and free of choking hazards,” the Candy Dynamics class action states. 

Are you concerned about a class action lawsuit or recall involving a sweet treat? Let us know in the comments.

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