Not So Sweet: The Hershey's lawsuit and the presence of heavy metals in dark chocolate explained

The Hershey Company, better known as Hershey’s, has been sued by a consumer in the United States for allegedly selling dark chocolates which have harmful levels of lead and cadmium.

Christopher Lazazzaro, who has filed a class action complaint at a federal court in Central Islip, New York, has accused Hershey of a “deceptive and misleading” advertising and marketing campaign for failing to disclose the amounts of lead and cadmium in its dark chocolates, as per The Hill.

Lazazzaro said he would have refrained from buying or would have spent less on Hershey’s Special Dark Mildly Sweet Chocolate, Lily’s Extra Dark Chocolate 70% Cocoa and Lily’s Extreme Dark Chocolate 85% Cocoa had Hershey revealed the content of metals in them, Reuters reported.

Hershey bought Lily’s for $425 million in June last year, terming it “a great addition to Hershey’s growing portfolio of better-for-you snacking brands”.

Lazazzaro is seeking at least $5 million of damages from the chocolate manufacturer in the proposed lawsuit, as per BBC.

The lawsuit comes weeks after US magazine Consumer Reports (CR) shared its findings of scientific testing of 28 dark chocolate bars for lead and cadmium.

What did the CR investigation find? Why do dark chocolates have heavy metals? We explain.

Results of CR study

Heavy metals – lead and cadmium – were detected in all 28 dark chocolate bars that were tested by Consumer Reports, a trusted nonprofit watchdog group.

As many as 23 bars, including chocolate by Hershey, Dove, Godiva, Lindt and Trader Joe’s, contained “comparatively higher levels” of the metals.

“For 23 of the bars, eating just an ounce (28g) a day would put an adult over a level that public health authorities and CR’s experts say may be harmful for at least one of those heavy metals,” it claimed.

In five of the 28 bars, high levels of both lead and cadmium were seen.

The researchers studied the risk these metals pose using California’s standards for lead and cadmium.

It found an ounce of Hershey’s Special Dark Mildly Sweet Chocolate was 265 per cent high in lead than the California standard, while Trader Joe’s Dark Chocolate 72% Cacao had 192 per cent more lead.

The study further warned that long-term exposure to even small amounts of heavy metals can cause health problems. “The danger is greatest for pregnant people and young children because the metals can cause developmental problems, affect brain development, and lead to lower IQ,” Tunde Akinleye, the CR food safety researcher who led the testing project, said.

He added that there are risks for people of any age.

Long-term exposure in adults could trigger nervous system problems, hypertension, immune system suppression, kidney damage, and reproductive issues, claims the CR study.

ALSO READ: The ‘dark’ in your chocolate: As chocolatiers pocket billions, cocoa farmers earn less than a dollar a day

Why dark chocolates have heavy metals

Not only dark chocolates but certain food items such as pasta, grains, leafy greens, beans, peas and even sweet potatoes contain heavy metals.

This is because heavy metals, including lead and cadmium, are present in soil and enter the food supply through the ground, notes Time magazine.

However, human activities can also lead to the addition of heavy metals in the environment.

Cadmium and lead are naturally found in the Earth’s crust.

Chocolate gets cadmium and lead through cacao beans. As You Sow organisation had found earlier that cacao plants absorb cadmium from the soil, while lead gets into cacao after beans are harvested.

Lead-filled dust and dirt also cover cacao beans once they have been picked and are kept to dry in the sun, CR report said citing research by As You Sow.

No more dark chocolate?

Should you swear off the gooey goodness of dark chocolate then?

Not quite so, say experts.

Five of the chocolate bars tested were “relatively low” in both lead and cadmium. “That shows it’s possible for companies to make products with lower amounts of heavy metals—and for consumers to find safer products that they enjoy,” Akinleye told CR magazine.

Some studies have shown the benefits of dark chocolates, claiming that the antioxidants and relatively low levels of sugar in them could help keep heart disease at bay.

“There are many proven benefits of dark chocolate on health, so the potential harm from the presence of lead and/or cadmium needs to be weighed against these benefits,” Jill Castle, a pediatric dietician, told Parents.com.

“Moderation is probably the best advice for dark chocolate lovers. A varied diet with plenty of fibre and nutrients will also offer some protection,” the expert added.

With inputs from agencies

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