Consumer group As You Sow has notified the state of California that a
number of chocolate manufacturers are allegedly selling chocolate with
levels of lead and cadmium that exceed limits set by the state’s Safe
Drinking Water and Toxic Enforcement Act (Prop. 65). Testing by the
organization allegedly indicated that 35 of the 50 chocolate products
sampled—including those from Trader Joe’s, Whole Foods, Godiva and
Lindt, among others—contained enough lead or cadmium to trigger
Prop. 65 warning requirements. As You Sow has filed 60-day notices
with 18 manufacturers based on its testing; following the 60-day period,
the organization may initiate litigation against the companies if public
officials have not sought enforcement of the statute.

“Lead and cadmium accumulate in the body, so avoiding exposure is
important, especially for children,” As You Sow President Danielle
Fugere said in a March 23, 2016, press release. “Our goal is to work
with chocolate manufacturers to find ways to avoid these metals in
their products.”

 

Issue 599

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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