The class action against Lindt & Sprüngli was launched in February 2023 following an article by U.S. consumer association Consumer Reports that questioned the presence of lead and cadmium in dark chocolate bars from several manufacturers. 

The report found that of the 28 bars tested, eight had high levels of cadmium, including one from Lindt, and another ten bars contained lead, including a Lindt bar.  

While other bars had higher concentrations of heavy metals, the class action plaintiffs argued they paid premium prices for Lindt because they believed they were “purchasing quality and safe dark chocolate”.

Consumers from Alabama, California, Florida, Illinois, Nevada and New York took legal action following the article from Consumer Reports.

The plaintiffs argued that Lindt “deceptively marketed their dark chocolate bars as ‘expertly crafted with the finest ingredients’ and ‘safe, as well as delightful’ when the bars in fact contained significant amounts of lead”.

Lindt’s lawyers argue that words like “excellence” and “expertly crafted” are unactionable “puffery” or an exaggeration that consumers would not take seriously. 

The Eastern District of New York district court dismissed Lindt’s motion.