The Consumer Reports Investigation and Its Findings
In late 2022, Consumer Reports tested 28 dark chocolate bars for heavy metals like lead and cadmium. The study found detectable levels in all bars, with 23 exceeding potentially harmful levels for adults consuming one ounce daily. Two Trader Joe's products were highlighted:
- Trader Joe's Dark Chocolate 72% Cacao: Tested high in lead, surpassing California's limit by 192%.
- Trader Joe's The Dark Chocolate Lover's Chocolate 85% Cacao: High in both lead and cadmium, exceeding limits by 127% and 229% respectively.
This study led to multiple class-action lawsuits against Trader Joe's and other chocolate companies.
What the Lawsuits Alleged
Class-action complaints against Trader Joe's claimed the company sold products with toxic heavy metals without informing consumers. Key allegations included:
- Deceptive Marketing: Plaintiffs argued Trader Joe's marketing was misleading for not disclosing lead and cadmium on packaging, stating they would not have bought the chocolate otherwise.
- Negligence: Lawsuits alleged Trader Joe's breached public trust by selling contaminated products and failing to test them adequately, seeking damages for affected consumers.
The Court's Ruling and Rationale
A federal judge in San Diego dismissed several consolidated class-action lawsuits against Trader Joe's in March 2024, followed by a summary judgment in April 2025. The judge's decision rested on:
- Public Knowledge: Information about heavy metals in chocolate has been widely reported for years, including by groups like As You Sow, negating the claim that Trader Joe's had exclusive knowledge.
- Reasonably Obtainable Information: The court stated that public reporting meant consumers could have found this information themselves, regardless of individual awareness.
- Unspecified Risk: For some claims, the judge found plaintiffs didn't prove the heavy metal levels posed an unreasonable risk, as they didn't exceed federal or safety thresholds.
- State-Specific Claims: Some claims under consumer protection laws in Illinois, New York, and Washington initially survived dismissal motions, showing variations in legal requirements.
Comparison of Arguments in the Lawsuit
| Aspect | Plaintiffs' Argument | Trader Joe's Defense | Outcome (Federal) |
|---|---|---|---|
| Knowledge of Heavy Metals | Trader Joe's knowingly concealed the presence of lead and cadmium from consumers. | The presence of heavy metals was widely known through public reports and studies. | Court sided with Trader Joe's; information was not exclusively known by the company. |
| Deceptive Labeling | Marketing and labels were deceptive for omitting health risks. | No federal laws require disclosure for naturally occurring heavy metals at these levels. | Claims of deceptive marketing failed when exclusive knowledge couldn't be proven. |
| Product Safety | Products were unsafe for human consumption due to toxic metal content. | The levels found did not pose an unreasonable safety risk and fell within accepted tolerances. | Plaintiffs failed to adequately plead that the products were unfit to eat. |
The Source of Heavy Metals in Chocolate
Heavy metals in chocolate often come from natural sources rather than intentional contamination.
- Cadmium: Absorbed by cacao plants from soil where it naturally occurs.
- Lead: Can contaminate beans during drying when exposed outdoors to dust and soil, then mix in during processing.
Potential Health Risks of Lead and Cadmium Exposure
Exposure to lead and cadmium, especially long-term, poses health risks.
- Lead: Can cause nervous system issues and developmental problems in children; hypertension and kidney damage in adults.
- Cadmium: Linked to kidney, bone, and lung diseases; classified as a carcinogen.
Risks are associated with chronic exposure, not occasional consumption. Health authorities continue to monitor levels.
Implications for Consumers and the Chocolate Industry
The lawsuit's outcome emphasizes consumer vigilance and the importance of independent testing. It also pressures the chocolate industry to address naturally occurring contaminants, with some exploring new processing methods. The lack of federal limits for heavy metals in most foods creates legal ambiguity. This case may set a precedent for future lawsuits regarding natural food contaminants.
Conclusion
The Trader Joe's dark chocolate lawsuit, initiated by a Consumer Reports study revealing elevated heavy metal levels, brought a widespread industry issue to light. While a federal judge dismissed most claims, citing public awareness of heavy metals in chocolate, the case heightened consumer consciousness. It underscores the challenges of regulating natural contaminants and the value of independent testing. Informed consumer choices remain essential. Read more about the original Consumer Reports findings here.
