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Home Layman Litigation

The Hershey’s Lawsuit

Can chocolate be harmful?

by Syeda Fauzia
February 27, 2023
in Layman Litigation
Reading Time: 7 mins read
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One of America’s and world’s largest chocolate producer in the world has recently been at the eye of the storm. The transnational company has been allegedly sued for not disclosing information on lead existence in numerous of its dark chocolate bars. Let us learn more on this with the help f this article.
The company also “manufactures baked products, such as cookies and cakes, and sells beverages like milkshakes, as well as other products. Its headquarters are in Hershey, Pennsylvania, United States, which is also home to Hershey Park and Hershey’s Chocolate World. It was founded by Milton S. Hershey in 1894 as the Hershey Chocolate Company, which is a subsidiary of his Lancaster Caramel Company. The Hershey Trust Company owns a minority stake but retains most of the voting power within the company.” Hershey’s chocolate is available across the United States, and in over 60 countries worldwide. It has three large distribution centers with modern labor management systems. In addition, Hershey is a member of the World Cocoa Foundation. It is also associated with the Hershey Park Stadium and the Giant Center.
A USA based magazine called the “Consumer Reports” claim to have conducted tests on almost 28 dark chocolates of different companies. Below are few aspects of the Report pasted:
“To determine the risk posed by the chocolates in CR’s test, we used California’s maximum allowable dose level (MADL) for lead (0.5 micrograms) and cadmium (4.1mcg). Shown are the percentages of the MADL supplied in an ounce of each chocolate. Our results indicate which products had comparatively higher levels and are not assessments of whether a product exceeds a legal standard. We used those levels because there are no federal limits for the amount of lead and cadmium most foods can contain, and CR’s scientists believe that California’s levels are the most protective available. While both cadmium and lead pose serious health risks, products within each category are listed in order of lead level, because that heavy metal poses particular concerns and no amount of it is considered safe.”

SAFER CHOICES

Mast
Organic Dark Chocolate
80% Cocoa
14% LEAD
40%  CADMIUM

Taza Chocolate

Organic Deliciously Dark Chocolate
70% Cacao

33% LEAD

74% CADMIUM

Ghirardelli

Intense Dark Chocolate

86% Cacao

36% LEAD

93% CADMIUM

Valrhona

Abinao Dark Chocolate
85% Cacao
63% LEAD

73% CADMIUM

HIGH IN CADMIUM

Lindt

Excellence Dark Chocolate
70% Cocoa

48% LEAD

116% CADMIUM

Dove

Promises Deeper Dark Chocolate
70% Cacao

74% LEAD

112% CADMIUM

Beyond Good

Intense Dark Chocolate

70% Cacao

42% LEAD

112% CADMIUM

Scharffen Berger

Extra Dark Chocolate
82% Cacao

49% LEAD

136% CADMIUM

 

HIGH IN LEAD

Hershey’s

Special Dark Mildly Sweet Chocolate
265% LEAD

30% CADMIUM

Hu

Organic Simple Dark Chocolate
70% Cacao
210% LEAD

56% CADMIUM

A man named Christopher Lazazzaro filed a lawsuit in the Federal Court of Long Island (eastern most part of New York). The lawsuit is trying to solicit a representative action against the mass chocolate producer, “which obtained the license to manufacture Cadbury products in the United States in 1988, as per a report in The Guardian.”
The lawsuit is “seeking $5 million from Hershey’s, calling its advertising and marketing campaign for the dark chocolate bars “false, deceptive, and misleading.” The plaintiffs’ lawyers argue that had Hershey’s disclosed on its labeling that those dark chocolate bars contained lead and cadmium, Lazazzaro would not have purchased them.”
This is not the first time Hershey’s has been part of a lawsuit for all the wrong reasons. In the year 2015 as well as 2018, class action lawsuits were filed in California and Massachusetts U.S District Courts correspondingly. The lawsuit alleged that Hershey’s violated various provisions of consumer protection laws and that the company also relied on child labors. Both the suits were dismissed stating that there were no sufficient actionable claims.
Products like chocolates are not only consumed by children of all ages but various other companies too are dependent on them. Restaurants, sweet factories, bakeries etc., and as such companies like Hershey’s and Lindt are first preferences of every consumer and retailer. Buyers also completely rely on the description of every goods they buy. However, wouldn’t these companies go into complete loss if they did mention every detail that goes into making their products?
What are your thoughts? Let us know in the comment section.
[1] The Hershey Company – Wikipedia

[2] “Tricks and Treats (Special)”. fool.com. October 26, 1999. Archived from the original on July 1, 2012.

[3] The Supply Chain & Logistics Institute # Chris Malon, Hershey Foods

[4] The Hershey Company – Wikipedia

What are your thoughts? Let us know in the comment section.

 

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