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The Hershey chocolate manufacturer of Pennsylvania sued the consumer for selling dark chocolate filled with lead and cadmium, reports RIA Novosti.
Christopher Lazzaro of Nassau County, New York, filed the proposed class action against Hershey on Wednesday in federal court in Central Islip, New York, Reuters reported on Thursday.
Signage is displayed outside the Hershey Co. headquarters in Hershey, Pennsylvania, U.S., Friday, July 13, 2018. Hershey Co. is scheduled to release earnings numbers on July 26th. Photographer: Angus Mordant/Bloomberg via Getty Images. (Angus Mordant/Bloomberg via Getty Images/Getty Images)
In the lawsuit, Lazzaro alleges that he would not have purchased Hershey’s Special Dark Mildly Sweet Chocolate, Lily’s Extra Dark Chocolate 70% Cocoa and Lily’s Extreme Dark Chocolate 85% had he known through Hershey’s disclosure that the products contained metals.
HERSHEY’S STORY IS NOT SWEET. It is SALT
The lawsuit comes two weeks after a Consumer Reports article revealed the results of scientific testing of 28 dark chocolate bars that specifically looked for lead and cadmium.
The report found that each of the bars contained heavy metals, with 23 of the chocolate bars, such as Trader Joe’s Godiva, Dove and Lindt, containing potentially harmful levels of lead, cadmium, or both. who eat an ounce of chocolate per day.
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But three bars — Hershey’s Special Dark Bark, Lily’s 70% bark and Lily’s 85% bar — had high levels of lead, the latter also containing cadmium, according to the article.
Lazazzaro is seeking at least $5 million in damages through a potential class action, including at least $500 per transaction, which is allowed under New York law.
Hersey did not immediately respond to FOX Business.