Lawsuit · Ongoing

Lindt concedes “expertly crafted” is puffery as judge lets heavy-metals suit over its dark chocolate proceed

Lindt & Sprüngli (North America) Inc.

Case

Defendant: Lindt & Sprüngli (North America) Inc.
Plaintiff: Class of consumers (lead plaintiff incl. Kamila Harkavy)
Court: U.S. District Court, Eastern District of New York (Judge Ann M. Donnelly)
Filed: 2023
Status: Ongoing
Outcome: pending (motion to dismiss largely denied Sept. 2024; in discovery)
Industry: Food

The Allegation

Following Consumer Reports testing that found lead and cadmium in Lindt Excellence Dark Chocolate 70% and 85% bars, consumers allege Lindt’s “expertly crafted” and premium-quality marketing deceived buyers about safety and purity. In September 2024 the court rejected most of Lindt’s dismissal bid; Lindt’s defense argued lead and cadmium “are unavoidable in the food supply” and conceded the “expertly crafted” claim was non-actionable puffery.

Scout Impact

Heavy metals in a beloved “premium” chocolate, plus a brand legally disclaiming its own quality marketing, is a vivid example of the deceptive-claim and contamination story Scout exists to surface.