Chocolate maker in Pennsylvania Hershey’s has been sued by a consumer for allegedly selling lead- and cadmium-filled dark chocolate, according to reports.
Reuters reported Thursday that New York resident Christopher Lazzaro in Nassau County filed the proposed class action lawsuit against Hershey in Federal court in Central Islip, New York on Wednesday.
In the lawsuit, Lazazzaro claims 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 a disclosure from Hershey that these products contained minerals.
The lawsuit comes two weeks after a Consumer Reports article revealed the results of scientific tests for the 28 pieces of dark chocolatespecifically looking for lead and cadmium.
The report showed that every bar contained heavy metals, with 23 chocolate bars from brands like Trader Joe’s Godiva, Dove, and Lindt containing potentially harmful levels of lead, cadmium, or both, for those who ate an ounce of chocolate per day.
But three of the bars—Hershey’s Special Dark Bark, Lily’s 70% Bar and Lily’s 85% Bar—were high in lead, with cadmium also high, according to the article.
Lazazzaro is seeking damages of at least $5 million through a potential class action lawsuit, including at least $500 per transaction, which is permitted by New York law.
Hersey did not immediately respond to FOX Business.
“Beer buff. Devoted pop culture scholar. Coffee ninja. Evil zombie fan. Organizer.”