WHITE PLAINS, N.Y. (Legal Newsline) — Hershey is facing a class action lawsuit alleging it failed to disclose the presence of lead in several of its dark chocolate products.
Kevin Ross, individually and on behalf of a class of similarly situated persons, filed a complaint March 13 in the U.S. District Court for the Southern District of New York against The Hershey Company alleging violation of New York General Business Law and other claims.
Ross alleges in his class action that he purchased Hershey's dark chocolate at a retail store in Manhattan. He claims that Hershey fails to disclose to consumers that its Special Dark Mildly Sweet Chocolate, Lily's Extra Dark Chocolate 70% Cocoa and Lily's Extreme Dark Chocolate 85% Cocoa contain lead.
He claims that a December 2022 Consumer Report found the heavy metals lead and cadmium in the defendant's dark chocolate products in amounts as much as 265% of California's maximum allowable dose level in a one-ounce serving. Ross further claims Hershey knew or should have been aware that a reasonable consumer could consume a one-ounce serving of the product daily, leading him or her to repeated exposure of heavy metals at unsafe levels.
Ross and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Charles Moore of Reese LLP in Minneapolis and Michael Reese of Reese LLP in New York City.
U.S. District Court for the Southern District of New York case number 1:23-CV-02121-JMF