Trader Joe’s faces another class action lawsuit alleging heavy metals in dark chocolate

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Trader Joe’s dark chocolate heavy metals class action lawsuit overview: 

• Who: Robert L. Waring filed a class action lawsuit against Trader Joe’s Co. 
• Why: Waring claims Trader Joe’s knowingly sold a pair of dark chocolate products containing the toxic heavy metals lead and cadmium. 
• Where: The class action lawsuit was filed in California federal court. 

Trader Joe’s manufactured and knowingly sold a pair of dark chocolate products that contained the toxic heavy metals lead and cadmium, a new class action lawsuit alleges. 

The Trader Joe’s lawsuit is the latest of several complaints recently filed against the company by consumers claiming the grocer sold them dark chocolate products containing toxic heavy metals. 

Consumer Reports revealed the presence of toxic heavy metals in Trader Joe’s and other companies’ dark chocolate products in December, according to the Trader Joe’s class action.  

In this latest case, plaintiff Robert L. Waring claims Trader Joe’s falsely represented its The Dark Chocolates Lover’s Chocolate 85% Cacao and Dark Chocolate 72% Cacao bars as safe for human consumption. 

Waring argues Trader Joe’s either knew or should have known that consumers would rely on the packaging for its dark chocolate products to disclose the presence of any toxic heavy metals. 

“Food manufacturers such as Trader Joe’s hold a position of public trust such that Consumers reasonably believe that they would not sell products that are contaminated with unsafe levels of heavy metals,” the Trader Joe’s lawsuit states.

Trader Joe’s knew consumers would not pay as much for products with heavy metals, class action says

Trader Joe’s knew that consumers would not purchase or be willing to pay as much for the dark chocolate products if they were aware they allegedly contained lead and cadmium, the Trader Joe’s class action alleges. 

“As a result, Defendant intentionally and knowingly concealed this fact from Plaintiff and the Class members,” the Trader Joe’s lawsuit states. 

Trader Joe’s has also known since “at least” 2014 that the dark chocolate products contained “excessive amounts of lead and cadmium” but “failed to mitigate this issue,” the class action alleges. 

Waring claims Trader Joe’s is guilty of breach of implied warranty and unjust enrichment and violates California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act. 

He wants to represent a nationwide class and California class of consumers who purchased the Trader Joe’s dark chocolate products within the statute of limitations for each cause of action. 

Waring demands a jury trial and requests declaratory and injunctive relief along with an award of compensatory, statutory and punitive damages for himself and all class members. 

Consumers filed several similar class action lawsuits against Hershey’s, Mars, Godiva and Lindt in the wake of the Consumer Reports report on toxic heavy metals in dark chocolate products. 

Have you purchased a Trader Joe’s dark chocolate product? Let us know in the comments. 

The plaintiff is represented by Michael D. Braun of Kuzyk Law LLP and Laurence D. King, Matthew B. George, Blair E. Reed and Joel B. Strauss of Kaplan Fox & Kilsheimer LLP. 

The Trader Joe’s dark chocolate heavy metals class action lawsuit is Waring, et al. v. Trader Joe’s Co., Case No. 3:23-cv-00402, in the U.S. District Court for the Northern District of California.

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