Lindt chocolate ingredients at the centre of a lawsuit: What is the controversy, what does the lawsuit say? Explained

Swiss chocolatier Lindt & Sprungli is contesting a class action lawsuit filed by US consumers over alleged high levels of heavy metals found in its dark chocolate bars. The lawsuit, launched in February 2023, follows a report by the US consumer organization Consumer Reports, which raised concerns about the presence of lead and cadmium in chocolates from several manufacturers, including Lindt.

Lindt has denied the allegations, stating in a statement that its products comply with all applicable safety standards. "Lindt & Sprungli disagrees with all the allegations made in the US lawsuit," the company said. "Our quality and safety procedures ensure that all products are safe to consume."

The class action lawsuit was triggered by a 2022 Consumer Reports investigation that tested 28 dark chocolate bars sold in the US. Lindt’s products were found to have elevated levels of lead and cadmium, though they were not among those with the highest concentrations. Two Lindt products, marketed under the US brand Ghirardelli, were ranked as "safer choices" due to lower metal levels.

Consumers in several US states, including Alabama, California, Florida, Illinois, Nevada, and New York, argue that they paid premium prices for Lindt chocolates believing they were purchasing high-quality, safe products. The plaintiffs claim that Lindt violated state labelling rules by failing to disclose the presence of heavy metals.

The Eastern District of New York court recently denied Lindt’s request to dismiss the lawsuit, allowing the case to proceed. In its legal defense, Lindt’s lawyers argued that the claims printed on the packaging, such as “excellence” and “expertly crafted with the finest ingredients,” were merely “puffery” — exaggerated advertising.

The court described “puffery” as advertising that involves “blustering and boasting upon which no reasonable buyer would rely.” Some observers, however, criticized Lindt’s defense, with Switzerland’s NZZ am Sonntag newspaper stating that the strategy had “dismantled its own promises of quality.”

Lindt responded by clarifying that its use of the puffery argument was a “technical” legal response and not an admission of poor product quality. The company reaffirmed its commitment to high standards, stating, “Our consumers can have full confidence in that.”

As the lawsuit progresses, Lindt continues to stand by its products, emphasizing that its chocolates are safe and meet rigorous quality and safety protocols.

(With inputs from AFP)