One of the premier Swiss chocolatiers, Lindt has been embroiled in a legal dispute in the US after heavy metal was discovered in two bars of its chocolate. In defending the claim, the company from Zurich distanced itself from its own marketing, claiming that its "excellence" brand is not a seal of quality but an elaborate masquerade.
In this case, our story starts in 2022, when California-based consumer agencies measured levels of toxic heavy metal in two Lindt bars of Excellence 85 and 75 percent cocoa dark chocolate. In a few cases, levels of cadmium and lead in the chocolate exceeded the maximum allowed by California state law.
In February 2023, a lawsuit was filed against Lindt & Sprüngli in New York. In the case, prosecutors argued that the Swiss international company had misled the US public by labelling its products as “expertly crafted with the finest ingredients”, “safe, as well as delightful” and a product of “excellence.”
In public statements, the premium chocolatier defended their products, with one spokesperson telling Bakery&Snacks that Lindt will “vigorously defend itself against these entirely unproven challenges to our products. Like all of our products, [the chocolate bars] meet strict quality and food safety requirements and are safe to consume." The company tried to stop the lawsuit in court in September 2024, but was unsuccessful.
Now, transcripts from the court case shown to NZZ am Sonntag revealed that Lindt argued consumers should not set too much store by its marketing tactics. A lawyer speaking at the court in New York said that the phrases “excellence” and “expertly crafted from the finest ingredients” were just “puffery.”
They added that these words were “exaggerated advertising and boasting that no reasonable consumer would rely on.” “In other words, highlighting Lindt's quality is a transparent marketing ploy. Anyone who falls for it has only themselves to blame,” the NZZ summarised.
While typical of a US lawsuit, some fear the comments could lead to a drop in sales for the Swiss chocolate maker, whose products remain some of the priciest on the shelves of supermarkets in Switzerland and abroad.
In response, the company wrote in a statement that the lawyer’s words were only part of a tactic to try and get the case dismissed. “In our legal opinion, it was pointed out that under US law, words such as 'excellent' do not automatically suggest that a product is free of heavy metals.” They affirmed that all of the allegations against them are without merit.
As to why the heavy metals were found in the Lindt chocolate, fine cocoa from South America typically grows in volcanic soils, which contain cadmium. Because Lindt uses chocolate from the region for taste and quality reasons, their brand is particularly susceptible to containing the metal. What’s more, the darker the chocolate, the higher the concentration of both cocoa and heavy metal.
With Switzerland and the European Union having different cadmium limits for milk and dark chocolate, it is unclear whether the bars flagged in California would have broken the rules elsewhere. "There is no reason for consumers to worry: legal limits ensure that all products available on the market are safe," noted Roger Wehrli from the association Chocosuisse.
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