Pennsylvania-based chocolate maker Hershey has been sued by a consumer for allegedly selling lead and cadmium filled dark chocolate, according to reports.
Reuters reported on Thursday that Nassau County, New York resident Christopher Lazazzaro filed the proposed class action lawsuit against Hershey in federal court in Central Islip, New York on Wednesday.
In the lawsuit, Lazazzaro claims he would not have purchased Hershey’s Special Dark Mildly Sweet Chocolate, Lily’s Extra Dark Chocolate 70% Cocoa, and Lily’s Extreme Dark Chocolate 85% had he known from a Hershey disclosure that those products contained metals.
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The lawsuit comes two weeks after a Consumer Reports article revealed the results of scientific testing of 28 dark chocolate bars, looking for specific lead and cadmium.
Each of the bars contained heavy metals, according to the report, with 23 of the chocolate bars from brands such as Trader Joe’s Godiva, Dove and Lindt containing potentially harmful levels of lead, cadmium or both, for those who eat an ounce of chocolate per day.
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But three of the bars — Hershey’s Special Dark Bark, Lily’s 70% bar and Lily’s 85% bar — were high in lead, with the latter also high in cadmium, according to the article.
Lazazzaro is seeking at least $5 million in damages in the potential class action, including at least $500 per transaction, which is allowed under New York law.
Hersey did not immediately respond to FOX Business.