A US judge has accused Trader Joe’s of misleading and endangering consumers by failing to disclose that its dark chocolate bars contained harmful levels of “heavy metals” such as lead and cadmium. Most of the lawsuits were dismissed.
In a ruling Wednesday, U.S. District Judge Ruth Bermudez of Montenegro in San Diego ruled that consumers in a proposed class action suit could properly claim that the grocery chain’s chocolate poses an unreasonable safety risk or is unsuitable for consumption. He said that he could not make a claim.
Although the lack of a warning on a label may mislead a reasonable consumer, “claiming that heavy metals may pose a risk to human health at unidentified levels is It doesn’t mean anything.” [Trader Joe’s] “The product poses a risk to human health,” she wrote.
The judge dismissed five claims brought on behalf of shoppers across the country, including violations of California’s consumer protection law and implied warranties that the chocolate was safe to eat, but did not allow amendments to the claims. He said he could try.
Claims brought on behalf of shoppers under the laws of Illinois, New York, and Washington may proceed.
Lawyers for the plaintiffs did not respond to requests for comment Thursday. Trader Joe’s and his attorney did not immediately respond to similar requests.
Several chocolate retailers have been sued by consumers. consumer report A December 2022 study found that dark chocolate bars contained potentially harmful levels of lead, cadmium, or both in people who ate more than 1 ounce of chocolate a day. .
metal may occur naturally In the soil. Consumer Reports says that long-term exposure to them can cause neurological problems, immune system suppression and kidney damage, with greater risks for pregnant women and young children.
Companies that have been sued over dark chocolate include Godiva, which makes Dove chocolate, Hershey, Lindt, and Mars.
The Trader Joe’s lawsuit is a collection of five lawsuits involving 17 law firms.
Citing a Consumer Reports investigation and an “independent laboratory” test, it claimed eight dark chocolate bars contained undisclosed levels of lead, cadmium, and arsenic, another heavy metal.
The case is Trader Joe’s Company Dark Chocolate Litigation, United States District Court for the Southern District of California, No. 23-00061.
