A proposed class action lawsuit has been filed in New York federal court claiming Mars Inc. failed to warn consumers that Dove-branded dark chocolate allegedly contained hazardous levels of lead and cadmium. These toxic metals can cause cancer, organ damage and other irreversible health issues.
In the lawsuit, Arlene Millman claimed Mars Inc., one of the largest candy manufacturers in the world, were aware and failed to disclose to consumers Mars’ Dove Deeper Chocolate 70% Cacao contained both heavy metals at above recommended levels. Had Millman been aware of the toxic metals in the dark chocolate she would not have purchased and consumed the products.
The suit further alleges no reasonable consumer would know the products contain these toxic metals and the company risked the consumers health and wellbeing by failing to adopt methods to limit these metals in dark chocolate, which has been done by other companies. Exposure to these metals can increase cognitive and reproductive problems in adults and lower IQ, behavioral problems, and diabetes in children.
The complaint is based on a Consumer Reports article wherein 28 different chocolate bars were tested and found to contain toxic metals. The findings were published in a report titled “Lead and Cadmium Could Be in Your Dark Chocolate.”
Millman claims Mars Inc. could have produced products which limit the amounts of the heavy metals and purposely chose not to do so, ignoring the health of the consumers to claim greater profits.
Millman looks to represent a nationwide class of consumers who bought and consumed the Mars Inc. products to stop the fraudulent and deceptive practices, stop the misleading labeling and marketing, and order Mars Inc. to make consumers aware of the heavy metals in its products. The suit seeks damages and restitution on behalf of consumers.
To see if you qualify to join this suit, please contact an attorney who can more properly evaluate your case on an individual basis.
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