BROOKLYN, N.Y. (Legal Newline) — Hershey is facing a class action alleging its dark chocolate products contain high levels of lead and cadmium.
Christopher Lazazzaro, individually and on behalf of all others similarly situated, filed a complaint Dec. 28 in U.S. District Court for the Eastern District of New York against The Hershey Company alleging violation of New York Business Law and other claims.
Lazazzaro alleges in his class action that the defendant fails to disclose that its Hershey's and "Lily's dark chocolate" products contain lead and cadmium. He claims the chocolate products contain high levels of lead and cadmium, which pose serious health risks even in small doses.
Lazazzaro alleges that consumers have no way to know the products contain harmful ingredients without expensive, scientific testing and rely on Hershey to be truthful regarding its chocolate product ingredients. He further alleges that Hershey falsely represents that the products contain only dark chocolate ingredients and are safe for consumption.
Lazazzaro claims consumers would not have been willing to pay the same amount for the products and in some cases paid more than they would have if Hershey had disclosed the true ingredients. He also claims Hershey had "exclusive knowledge" of the levels of lead and cadmium levels in its chocolate products and failed to warn consumers.
Lazazzaro and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Jason Sultzer and Daniel Markowitz of The Sultzer Law Group PC in Poughkeepsie, New York; Nick Suciu III of Milberg Coleman Bryson Phillips Grossman PLLC in Bloomfield Hills, Michigan; Trenton Kashima of Milberg Coleman Bryson Phillips Grossman PLLC in San Diego; Charles Schaffer and David Magagna, Jr., of Levin Sedran & Berman in Philadelphia; and Jeffrey Brown of Leeds Brown Law PC in Carle Place, New York.
U.S. District Court for the Eastern District of New York case number 2:22-CV-07923