New York man sues Hershey after tests showed its dark chocolate bars contain toxic metals

A New York man has sued chocolate giant Hershey, alleging that it continues to market products containing harmful levels of lead and cadmium.

Nassau County resident Christopher Lazazzaro filed a proposed class action suit on Wednesday, saying that he would not have purchased the company’s dark chocolate bars if it had disclosed the metal contents on its labels.

Mr Lazazzaro is seeking at least $5 million in damages, including at least $500 per transaction under New York law. The bars in questions are: Lily’s Extra Dark Chocolate 70 percent Cocoa and Lily’s Extreme Dark Chocolate 85 percent Cocoa.

The suit was filed two weeks after a probe found dark chocolate bars from 28 different popular brands, such as Hershey, Ghirardelli, Lindt, Dove, Godiva and Trader Joe’s, contained levels of the metals cadmium or lead.

Lily’s 70% bar were high in lead, and Lily’s 85% bar was high in lead and cadmium, according to Consumer Reports

Lazazzaro said excess metal levels would turn off reasonable consumers because they pose a ‘serious health risk’. 

Twenty-three of the bars tested in the probe by the Consumer Reports watchdog (82 percent) contained lead levels up to two-and-a-half times above this and cadmium levels up to three times higher. 

Cadmium is a natural element found in soil that is sometimes absorbed by the roots of the plant and ends up in cocoa beans.

Lead contaminates the beans though the environment, possibly when it is blown by wind in the surrounding areas as the beans dry in the open.

There currently is no national limit on lead and cadmium in chocolate bars set by the Food and Drug Administration (FDA). 

Consistent exposure to heavy metals poses serious health threats such as an increased risk of kidney and brain damage, bone and lung diseases, and anemia.

Lead exposure is most dangerous to children as it can severely impact the development of their brain, nervous system and other vital organs. It can also cause behavioral problems as well as lower IQ and hyperactivity.

The above graphic shows the 28 chocolate bars tested by New York-based nonprofit Consumer Reports. All were found to contain lead and cadmium. Consumer Reports compared levels of the heavy metal in about an ounce of the chocolates to the recommended daily exposure levels from the Californian Office of Environmental Health Hazard Assessment. These are not set specifically for food products, but overall

Dark chocolate has been touted for its myriad health benefits. Cocoa can lower your blood pressure and keep your heart healthy by making veins and arteries stretchier – thanks to antioxidants known as flavanols.

Scientists have also shown that regularly eating dark chocolate can improve alertness — with a 100g-sized bar having nearly as much caffeine as a cup of coffee. It has also been linked with making people happier and reducing the risk of depression.