The magazine said that while all 28 contained heavy metals, 23 contained harmful levels of lead, cadmium or both, including chocolates from Dove, Godiva, Lindt and Trader Joe’s for those who eat an ounce of chocolate a day.
The magazine said that Hershey’s Special Dark bars and 70% of Lilly’s bars had high levels of lead and 85% of Lilly’s bars had high levels of lead and cadmium.
Lazzaro said reasonable consumers would be turned off by such levels because they pose a “serious health risk” and that consumers rely on Hershey to be truthful about the ingredients in its products.
The lawsuit seeks at least $5 million in damages, including at least $500 per transaction under New York law.
Hershey bought Lilly in June 2021 for $425 million.
Lazzaro’s attorneys did not immediately respond to requests for comment, including whether other lawsuits are planned.