Members Garth Gator Posted November 12 Members Posted November 12 Image: Alexandr Blinov | Dreamstime.com Lindt & Sprungli might have a few bitter notes to deal with beyond the flavor profile of its dark chocolate. The Swiss chocolatier is under scrutiny in the United States over marketing descriptions of its offerings as “expertly crafted with the finest ingredients” and “safe, as well as delightful,” following revelations that the bars contained measurable levels of lead and cadmium. These have resulted in a class-action lawsuit, filed in February 2023, pointing out the concerning levels of heavy metals in Lindt’s dark chocolate products cited by Consumer Reports, a US consumer watchdog, which studied the makeup of 28 dark chocolate bars from various brands. The testing showed that one Lindt bar contained elevated cadmium levels, while another showed high lead content. Though other manufacturers’ products, including organic brands, displayed even higher concentrations of these heavy metals, consumers who initiated the lawsuit argued that they zeroed in on Lindt’s bars because of their perceived superior quality and safety. This is especially since the packaging reads that Lindt’s dark chocolate is made with “the finest ingredients.” In turn, the company’s lawyers argued that such phrases—including the “Excellence” in the “Lindt Excellence” name—were mere “puffery,” implying that these were exaggerated claims that consumers weren’t supposed to take literally. Image: Madeleine Ramstein | Dreamstime.com However, the Eastern District Court of New York dismissed Lindt’s motion to end the lawsuit, stating that reasonable consumers could rely on these statements when choosing premium chocolate. Lindt has been accused by local media of undermining its brand promises. The Swiss newspaper NZZ am Sonntag, for instance, remarked that the chocolatier has essentially dismantled its own pledges of “excellence,” while Le Temps described the company’s backtracking of its claims of quality as walking a “tightrope.” Despite Lindt’s efforts to downplay the allegations, the court maintained that the lawsuit could move forward. The plaintiffs argue that they paid a premium for Lindt chocolate based on an expectation of quality and safety, an expectation that they allege has not been met. Lindt’s challenge will now be convincing both courts and customers that their claims were never meant to be taken at face value, but rather, as part of the marketing flair. https://www.barrons.com/news/lindt-melted-own-excellence-claim-in-us-lawsuit-reports-6059f43c https://www.nzz.ch/wirtschaft/wie-premium-ist-lindt-schokolade-die-firma-sagt-die-marke-excellence-sei-bloss-uebertriebene-werbung-auf-die-sich-kein-konsument-verlasse-ld.1856479 https://law.justia.com/cases/federal/district-courts/new-york/nyedce/1:2023cv01186/492715/41/ https://casetext.com/case/in-re-lindt-sprungli-dark-chocolate-litig Images: Dreamstime.com Quote
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