NEW YORK (Reuters) – Trader Joe’s was sued on Wednesday by a consumer who accused the grocery chain of misleading and endangering shoppers by selling dark chocolate that comprises harmful levels of lead and cadmium.
The proposed class motion was filed within the federal court in Central Islip, Recent York, one week after the same lawsuit was filed there by the identical 4 law firms against Hershey Co.
Each lawsuits were filed after Consumer Reports last month said 23 of the 28 dark chocolate bars it tested contained potentially harmful levels of lead, cadmium or each heavy metals for individuals who eat multiple ounce of chocolate a day.
Consumer Reports said it found Trader Joe’s Dark Chocolate 72% Cacao high in lead, and Trader Joe’s The Dark Chocolate Lover’s Chocolate 85% Cacao high in lead and cadmium.
In Wednesday’s lawsuit, the plaintiff Thomas Ferrante said he bought each products after reading their labels, and wouldn’t have done so or would have paid less had he known their contents.
“High levels of lead and cadmium in food products is material to reasonable consumers, because these chemicals pose serious health risk, even in small dosages,” he said.
Trader Joe’s, based in Monrovia, California, didn’t immediately reply to requests for comment.
Some studies suggest that the antioxidants and comparatively low levels of sugar in dark chocolate could help prevent heart problems.
Ferrante lives in Nassau County, Recent York, as does the plaintiff within the Hershey case.
Each lawsuits seek not less than $5 million of damages, including not less than $500 per transaction under Recent York law.
The case is Ferrante v Trader Joe’s Co et al, U.S. District Court, Eastern District of Recent York, No. 23-00046.
(Reporting by Jonathan Stempel in Recent York; Editing by David Gregorio)
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