Chocolate maker Hershey has been sued in the US over claims the company sells products with harmful metal levels.
Christopher Lazazzaro’s lawsuit alleges the company deceived consumers by not disclosing the amounts of lead and cadmium in three bars of dark chocolate.
He claimed he would not have bought the products had he known.
Hershey’s did not immediately respond to a request for comment.
Some studies suggest that the antioxidants and relatively low sugar content in dark chocolate might help prevent heart disease.
But the lawsuit relates to the latest findings of the US magazine Consumer Reports (CR), which tested 28 bars of dark chocolate for lead and cadmium.
The magazine claimed that 23 of them, including chocolates from Hershey, Godiva and Lindt, contained “comparatively higher concentrations” of the metals.
“For 23 of the bars, consuming just one ounce (28g) per day would put an adult above levels that health officials and CR experts say could be harmful to at least one of these heavy metals,” it claimed.
In particular, Hershey’s Special Dark Bar and Lily’s 70% Bar were high in lead, while Lily’s 85% Bar was high in lead and cadmium.
“Any food can contain heavy metals when they are present in high concentrations in the soil,” nutritionist Sheeba Majmudar told the BBC.
“Currently there are no food laws that say all batches of food must be tested – until they make you sick. While no toxin concentration is safe, the slogan “beware buyers” always comes to mind,” she added.
Mr. Lazazzaro’s lawsuit, filed in federal court in New York on Wednesday, alleges that he did not purchase Hershey’s Special Dark Mildly Sweet Chocolate, Lily’s Extra Dark Chocolate 70% Cocoa and Lily’s Extreme Dark Chocolate bars or less in return wanted to pay.
Hershey bought Lily’s, a maker of low-sugar treats, last June, calling it “a great addition to Hershey’s growing portfolio of better-for-you snack brands.”
“Consumers rely on it [Hershey] to be truthful about the ingredients,” the lawsuit argues.
It adds that “people are concerned about what’s in the food they put into their bodies,” while parents and carers are “concerned about what they’re putting into children in their care.”
Mr Lazazzaro is seeking at least $5million (£4.2million) in damages from Hershey in the proposed class action lawsuit.
Both Hershey and Mr Lazazzaro’s lawyers did not immediately respond to requests for comment from the BBC.
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