Hershey’s Class Action Lawsuit Alleges Dark Chocolate Contains Toxic Lead, Cadmium Levels

Class action lawsuit alleges Hershey’s dark chocolate contains toxic heavy metals, which were not disclosed to consumers

Russell Maas

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Following a report that found many popular dark chocolate products contain toxic heavy metals, a class action lawsuit has been filed against The Hershey Company, over false and misleading marketing statements, which failed to disclose the health risks.

The complaint (PDF) was filed by Christopher Lazazzaro in the U.S. District Court Eastern District of New York on December 28, seeking class action status to pursue damages against the Hershey Company for selling several brands of its dark chocolate products that contained high levels of lead and cadmium.

Lead exposure has long been linked to serious side effects that can cause long-term health consequences including nervous system injury, brain damage, seizures, growth or mental disabilities, as well as other severe health problems.

Cadmium is another toxic heavy metal that is ranked by the U.S. Centers for Disease Control and Prevention (CDC) as one of the most hazardous substances. Cadmium is a known carcinogen that has been linked to increased risks of individuals developing human lung, prostate, and kidney cancers, and recently pancreatic cancer

Toxic Metals Found In Dark Chocolate

The lawsuit was filed after the results of independent testing by Consumer Reports Magazine were released on December 15, which found 23 different brands of dark chocolate by Hershey, Trader Joe’s, Godiva and several others contained toxic levels of lead, cadmium, or both.

Researchers used California’s Maximum Allowable Dose Level (MADLs) for lead (0.5 Micrograms) and cadmium (4.1mcg), which the report claims are the most protective available standards.

According to the findings, Consumer Reports identified eight of the dark chocolate bars tested contained elevated levels of cadmium, 10 tested over allowable limits for lead, and five exceeded both lead and cadmium levels. Specifically, Hershey’s Special Dark Mildly Sweet Chocolate exceeded the allowable lead limits by 265%, Trader Joe’s The Dark Chocolate Lover’s Chocolate 85% Cacao tested 127% for lead and 229% for cadmium, and Godiva’s Signature Dark Chocolate 72% Cacao tested for 146% lead.

The dark chocolate products found to contain both elevated levels of cadmium and lead included:

  • Theo Organic Pure Dark 70% Cocoa
  • Theo Organic Extra Dark Pure Dark Chocolate 85% Cocoa
  • Green & Black’s Organic Dark Chocolate 70% Cacao
  • Trader Joe’s The Dark Chocolate Lover’s Chocolate 85%
  • Cacao and Lily’s Extremely Dark Chocolate 85% Cocoa

The report stated dark chocolate typically contains greater volume of cacao, which can absorb cadmium from the soil. However, CR reported lead is likely introduced to the cacao beans after drying in the sun and collecting lead-filled dust.

Hershey Dark Chocolate Class Action Lawsuit

Following the release of the report earlier this month, Lazazzaro filed the lawsuit claiming The Hershey Company knew or should have known its Hershey’s Special Dark Mildly Sweet Chocolate, Lily’s Extra Dark Chocolate 70% Cocoa, and Lily’s Extreme Dark Chocolate 85% Cocoa contained elevated levels of lead due to the manufacturers exclusive knowledge of ingredient sourcing and quality control testing data.

Lazazzaro claims rather than properly testing the products for excessive levels of potentially harmful and toxic heavy metals before offering the products to consumers, The Hershey Company charged a premium for its products and put profits before consumer safety.

In the complaint, Lazazzaro claims Hershey has engaged in deceptive and misleading business practices related to its marketing of the dark chocolate products, failing to provide adequate warnings or including lead and cadmium as ingredients on the products nutrition labels, which consumers rely on to make safe choices.

With Hershey being one of the largest chocolate manufacturer’s in the world, taking in approximately 8.9 billion in revenue in 2021, the lawsuit seeks class action status to represent the unknown amount of consumers who were deceived into paying a premium for contaminated Hershey’s products.

Tags: Cadmium, Cancer, Chocolate, Class Action, Heavy Metals, Hershey, Lead, Lead Exposure

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30 Comments

  1. Daniel

    So as a previous consumer or the Hersey’s special dark bars and chocolate chips can I join this class action lawsuit because I have been having terrible headaches for a while now?!?

  2. Sheila

    I eat at least 2 bar’s every week and have developed headaches, joint and muscle pain for the last year and Drs can’t explain why.

  3. Renee

    I’ve eaten Hersey bars dark weekly for 8 yrs. Milk chocolate daily since I was 4 years old. I am 55 now.

  4. Tiffany

    I eat dark chocolate from the Lily brand and I have kidney cancer now.

  5. Judy

    I have eaten dark chocolate my whole life Hershey’s Godiva Ghirardelli I am 61 years old I am under a psychiatric care for anxiety and panic attacks I have digestive issues and a lot of forgetfulness. I do not like to go out and big crowds or be around a lot of people at one time it just gets on my nerves too bad and causes me to have anxiety and panic attacks.

  6. Joe

    I havre receipus

  7. Mindy

    Scary. A good thing to know after I have consumed my Christmas treats.

  8. Brandi

    What if you ate it and were exposed

  9. Damany

    This is so concerning. I purchase these products weekly for me and my family. I have parent that has cancer. We are trusting this company to be honest with testing to consume and all I feel we get is a dishonest unfair exchange and sorry excuses when it’s too late.

  10. Jahmyka

    I been eaten Heresy’s all my life and I’m 27 I have a every bad stomach problem this could be part of reason .

  11. Heaven

    I have consumed the special dark chocolate Hersheys candy for the last year and have had continuous headaches, memory loss and body aches. I even had high blood pressure at one point until I stopped consuming the chocolate regularly. I have never had any history of such until this point. This is absurd. This needs to be fixed.

  12. Joel

    I’ve been eating jerseys for years and only get dark chocolate also

  13. susan

    I’m 74 years old and have eaten Hershey’s dark chocolate bars my whole life .I have two boxes unopened of 36 each plus one has eaten box. , I have had headaches for years . Could Hershey dark chocolate bars possibly be the?

  14. Jenette

    How do I get added

  15. John

    I’d like to join in I’ve been eating the specialty dark with almonds for the past few years and if I had known this I wouldn’t have.

  16. Jackie

    I have been eating Hersgey Dark Cholcolate bars for years so now i guess I will not eat them anymore I still have some of them.

  17. Rebecca

    Hersheys has destroyed my health! I have eaten the Hersheys Special Dark Giant mildly sweet dark chocolate bars daily for several years. I began having terrible skin issues, hair loss, stomach problems & much more. What a nightmare! I need to get tested for lead & cadmium! I am 72 years old & have always taken good care of myself – no prescriptions or medications. God help us all! I have always trusted Hersheys & have consumed Hershey bars my whole life. I thought the dark chocolate was helping me! ‘Hersheys’ is knowingly killing us! Someone please add me to the class action lawsuit! These criminals need to be held accountable!

  18. Stephen

    I’ve eaten hershey’s dark chocolate all of my life.

  19. Stephani

    5 years ago I woke up with joint pain then all of my fingers became swollen and I was diagnosed with Rheumatoid arthritis. I had to quit work and get on disability. Before being diagnosed I would eat large amounts of Hersheys dark chocolate then I assumed Lillys Dark Chocolate was better for me and I ate a bar a day. I truly 100% believe there’s a correlation to this chocolate & my health issues.

  20. Sheila

    I have been eating dark chocolate forever. I am diabetic. There was some in my refrigerator right now.

  21. Maria

    Lily’s chocolate is all I’ve been buying! How do I get on this law suit? I also started having a lot of health issues and had anemia, but recently beat it. My mother was eating bags of Hersey chocolate and developed uterine cancer, went through chemo and also beat it, but I find her chocolate eating has some correlation.

  22. Samantha

    I also would like to be added to this lawsuit or be given the information needed to be able to do so please.

  23. James

    I been buying Hershey Dark chocolate since 2006 .I was told dark chocolate was good for your.I know better now.Hershey lied to me
    Now I no thier bars are not health for me I would like to join Classaction lawsuit against Hershey s

  24. Judy

    Would these contaminants have been in Milky Way Dark Chocolate bars when they first came out? I used to buy them for my mother in law by the boxes. She had 2 separate colon cancers within 1 year.

  25. Steven

    I’ve been eating Hersheys Dark chocolate products for many years now because I thought it was my better option due to my diagnosis of diabetes years ago. I was told like many other people with my diagnosis that dark chocolate was better for me since it contained more natural chocolate content and less sugar. Now that I find this information out my dresser drawer of bedside snacks sit in limbo and untouched.
    In my efforts to live a more healthy life I find this information appalling because of my affinity to the Hersheys brand. For now I remain skeptical and very withdrawn to all chocolate products as a whole.
    Why is there no concern for humanity by these brands and so called product creators? Why can’t we make products with love and respect for our customer base and mankind as a whole? No one cares until there is a lawsuit in place and even a lawsuit doesn’t stop the brands from keeping these items in production and putting orders on shelves for more unaware innocent human beings to fall victim to their harmful side effects.
    Something definitely needs to be done about this horrible lack of care for innocent lives!

  26. Michelle

    I’ve been buying and eating Hersey half of my life.

  27. Stephani

    5 years ago I woke up with joint pain then all of my fingers became swollen and I was diagnosed with Rheumatoid arthritis. I had to quit work and get on disability. Before being diagnosed I would eat large amounts of Hersheys dark chocolate then I assumed Lillys Dark Chocolate was better for me and I ate a bar a day. I truly 100% believe there’s a correlation to this chocolate & my health issues.

  28. leo

    I have been eating the Lily’s chocolate bars for a long time evry week, I want to sue.

  29. Lagina

    Hi I would definitely like to know some more information about the lawsuit last year I had to go to the doctor a couple times within a couple of weeks for flu symptoms I had to be put on two to three different antibiotics over a 3 week period it finally let up back then I was eating a lot of chocolate covered cherries and dark chocolate candy bars if you think I’m a candidate please reach out

  30. Ethelene

    Me and my family members have consumed this Hershey candy for years and years under a false misrepresentation that this company had our best interest at heart, some of my family members have since then have passed away and some were diagnosed with diseases like diabetes, heart problems and Alzheimer, and cancer and other forms of complications which caused
    their bodies to simply break down and detearerate
    Our bodies cannot break down theses heavy medals
    Or heavy toxin which were found in this Hershey product or any other product that causes structure and cellular damage and eventually death. This company have breech me and my Family trust and have caused us to be fearful of what we are consuming they have caused us irreparable harm

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