Swiss chocolate company Lindt & Sprüngli has found itself at the centre of a legal controversy in the United States. In 2023, a class action lawsuit was filed against the company, accusing it of misleading consumers about the quality of its products. The case stems from allegations that Lindt’s premium dark chocolate contains significant amounts of lead and cadmium, two heavy metals known to have harmful effects on health.
The legal dispute began after a 2022 Consumer Reports study, which highlighted the presence of alarmingly high levels of lead and cadmium in Lindt’s Excellence Dark Chocolate 85% Cocoa and Excellence Dark Chocolate 70% Cocoa. The study, which examined several brands of dark chocolate, raised concerns about the long-term health effects of consuming chocolate with high metal levels. Lindt, however, was the focus of much of the backlash.
In its defence, Lindt claimed that «lead and cadmium are unavoidable in the food supply» and insisted that the trace amounts in its products were well within regulatory limits. The company further argued that marketing terms like “expertly crafted” and “finest ingredients” were simply promotional language, or “puffery,” which should not be taken as literal guarantees. This legal strategy was intended to have the case dismissed, but it only sparked further criticism.
Lindt’s argument that its marketing language was “puffery” drew widespread public ire. The term “puffery” refers to exaggerated or vague claims that no reasonable
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