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ARTICLE · 22 APRIL 2024

Dark Chocolate And Heavy Metals

Holland & Knight
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In December 2022, Consumer Reports published a study on lead and cadmium in dark chocolate. Dark chocolate came into vogue when studies showed antioxidants in it may have health benefits.

United StatesConsumer Protection
Nathan Adams IV
Nathan Adams IV
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In December 2022, Consumer Reports published a study on lead and cadmium in dark chocolate. Dark chocolate came into vogue when studies showed antioxidants in it may have health benefits. Consumer Reports discovered something else: Eating an ounce a day of certain dark chocolate bars in select samples put an adult over the Maximum Allowable Dose Level (MADL) set by the California Health & Safety Code. The article did not consider whether any of these MADLs had been displaced as a result of litigation.

In response, plaintiffs filed several class action lawsuits against certain manufacturers of dark chocolate bars, claiming that their failure to disclose the possibility of lead contamination in the products was a deceptive marketing practice and that they would not have purchased the products or would have paid less for them but for the failure to disclose. The plaintiffs in Kell v. Lily's Sweets, LLC, 23 Civ. 0147 (VM), 2024 WL 116651 (S.D. N.Y. Mar. 13, 2024) and Gr

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