SAN JOSE, Calif. (Legal Newsline) — A consumer class action alleges Theo dark chocolates contain heavy metals.
Pamela Chesavage on behalf of herself and all others similarly situated, filed a complaint June 2 in the U.S. District Court for the Northern District of California against Theo Chocolate Inc., alleging violation of California's Unfair Competition Law, fraud and other claims.
Chesavage alleges in her class action complaint that Theo Chocolate has failed to disclose the presence of cadmium and lead in its dark chocolate products including Theo Organic Extra Dark Pure Dark 85% chocolate bar, Theo Organic Pure Dark 70% Dark chocolate bar and Theo Organic Extra Dark Vanilla Cocoa Nib 85% Dark chocolate bar.
She claims Theo falsely states to consumers that its product has "only the highest quality ingredients when the chocolate bars contain heavy metals known to accumulate and cause significant and dangerous health consequences." Chesavage further claims Theo failed to regularly test its products to confirm their composition and did not properly disclose the contents of the chocolate bars to consumers.
Chesavage and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by lawyers at Lockridge Grindal Nauen in Minneapolis, George Feldman McDonald in New York, Gustafson Gluek in Minneapolis, Wexler Boley & Elgersma of Chicago, Barrack Rodos & Bacine in San Diego, The Emerson Firm of Houston and Freed Kanner London & Milden in Pennsylvania.
U.S. District Court for the Northern District of California San Jose Division case number 5:23-CV-02739-SVK