For the time being, it might be a good idea to hold off on the Lindt dark chocolate. Well, at least until some details about potentially unwanted ingredients are sussed out.
At least, that’s what one lawyer on TikTok is telling viewers. In a video that does not constitute legal advice per a disclaimer on her account, attorney Kathleen Martinez (@attorneymartinez) explains.
She says a class-action suit against Lindt & Sprüngli alleges that their chocolate might contain heavy metals. These can be harmful over time with repeated exposure.
In a video with over 2 million views, Martinez says folks who have purchased Lindt chocolates might be part of a new class-action suit.
What’s the lawsuit?
“Lindt chocolate is in big trouble because they’re currently being sued for alleged false advertising, deceptive trade practices and many other violations of consumer law,” she says in the video.
She goes on to say they “found significant levels of lead and cadmium in their chocolate products and they’ve allegedly known about this since 2014.”
@attorneymartinez #chocolate #lindt #classaction ♬ original sound – Attorney Martinez
The issue at hand
Martinez highlights the company’s defense to these allegations, describing the company as having disagreed with this filing.
“The best part is their defense,” she says, “Lindt chocolate is alleging that it wasn’t exactly false advertising because they never claimed that they didn’t have lead or cadmium in their chocolate product.”
She continues, “But then the judge refuted that claim, and he was like, ‘Nice try, because you’re still advertising your products as generally safe to the reasonable consumer, which would lead them to believe that your products don’t have cadmium and lead in them.’”
According to Martinez, Lindt claims it wasn’t exactly true since “no one has gotten sick yet.”
“Then the other side was like, ‘we probably shouldn’t wait for someone to die from cancer for you to be held liable,’” Martinez says.
The Daily Dot has reached out to both Martinez and Lindt & Sprüngli via contact form regarding the video.
Why would there be lead and cadmium in chocolate?
The heavy metals mentioned have been found in several brands of dark chocolate. Reports even going back to last year.
It is thought that the heavy metals are picked up by the cacao plants and beans while growing in contaminated soil, as well as through harvesting and processing.
According to Consumer Reports, a variety of chocolate brands had different levels of the heavy metals in their product, with Ghirardelli and Mast brand chocolate bars being found to have lower levels, and brands like Trader Joe’s, Beyond Good and Lindt to have higher levels.
Viewers are dismayed
Several viewers were shocked to learn this about the chocolate brand they had been purchasing for years.
“I have eaten SOOOO many truffles from Lindt,” one commenter wrote.
“Oh… the amount of lindt chocolate I’ve had in my life i 100% have the lead paint stare,” another said.
“I’ve eaten an entire package of these at least once…” yet another user wrote.
Some were curious as to whether the consumption of the chocolate had been the cause in health issues observed in their loved ones as well as themselves.
“My mum would eat Lindt as her only chocolate and guilty pleasure,” one commenter wrote. “She died last year of secondary liver cancer originating in her stomach. She was so healthy and fine before, we don’t have cancer in the family it was such a shock. I wonder if this is connected.”
“How to get my cut?” a user asked. “But seriously I have had these for years, and I never understood why my stomach always hurt after eating them.”
“I’ve always gotten such an upset stomach from those candies I can’t eat them,” a commenter wrote.
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