Back in 2022, Consumer Reports tested 28 dark chocolate bars for heavy metals such as lead and cadmium. Two of the bars that contained both metals were manufactured by the Swiss chocolatier Lindt & Sprungli.
Given that Lindt's chocolates are sold in the U.S. under our truth in advertising laws, this presented a problem for the chocolate company since the markings on their packaging read "expertly crafted with the finest ingredients."
The problem is that Americans are highly litigious, so of course, someone sued them.
After all, how could they be using the finest ingredients and still have trace amounts of lead and cadmium in their chocolate? And would consumers still buy their products for premium prices if their slogan was "expertly crafted with heavy-metal-contaminated chocolate"?
Lindt tried to get the lawsuit dismissed by saying the slogan was just "product puffery".
The court decision outlined product puffery as 'exaggerated advertising, blustering, and boasting upon which no reasonable buyer would rely'.
And that led to even more problems because in Switzerland, the Swiss take their chocolate seriously.
Le Temps, a Swiss newspaper, said,
[Lindt's] lawyers have used an argument that appears to torpedo the image of the Swiss chocolatier by describing the words 'excellence' and 'made with quality ingredients' affixed on its bars as 'puffery' or 'exaggerated advertising', insufficient to make it responsible.
Torpedoed its own image.
Lindt's lawyers tried to retract the faux pas by saying "puffery" is just a legal term, but how do you retract an admission that you don't use the highest quality ingredients in a chocolate usually sold at prices significantly higher than competing brands?
It's interesting that the company also owns premiere chocolatier Ghirardelli, and they were endorsed by Consumer Reports as one of the safest options.
Why not just adopt whatever practices they're using in that factory in all their factories?
So next time you're in the candy aisle, make sure to have a magnet handy so you can avoid the metallic chocolate.
Stay safe out there, chocolate lovers.
We'll let you know if there are any new developments in this lawsuit.
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