Certain Theo-Brand Dark Chocolate Bars Contain Heavy Metals Lead and Cadmium, Class Action Says

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A proposed class action lawsuit claims Theo Chocolate, Inc. has failed to warn consumers that at least three of its dark chocolate bars contain lead and cadmium.

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The 39-page lawsuit says that Theo’s Organic Extra Dark Pure Dark 85% Dark Chocolate Bar, Organic Pure Dark 70% Dark Chocolate Bar and Organic Extra Dark Vanilla Cocoa Nib 85% Dark Chocolate Bar, among others, have been found to contain undisclosed levels of the heavy metals, exposure to which has been linked to cancer, cognitive and reproductive problems and a range of other serious health concerns.

Though the company claims on its website to prioritize safe, quality ingredients, the results of a December 2022 study by Consumer Reports—which tested 28 comparable dark chocolate products on the market—determined that Theo’s Organic Pure Dark 70% Dark Chocolate Bar and Organic Extra Dark Pure Dark 85% Dark Chocolate Bar contained detectable amounts of the hazardous substances, the suit relays.

In just one ounce, Theo’s Organic Pure Dark 70% Dark Chocolate Bar was found to contain 120 percent of California’s maximum allowable dose level (MADL) for lead and 142 percent of the MADL of cadmium, the case explains. Additionally, the Organic Extra Dark Pure Dark 85% Dark Chocolate Bar registered at 140 percent above the MADL for lead and 189 percent above the limit for cadmium, the complaint reports. According to the filing, testing by independent labs on behalf of a non-profit consumer advocacy group found similar results regarding the heavy metal content in Theo’s Organic Extra Dark Vanilla Cocoa Nib 85% Dark Chocolate Bar.

Lead and cadmium pose significant threats to consumer health, as even low-level exposure to the heavy metals can lead to cancer, kidney disease, cardiovascular conditions, developmental delays in children and other adverse medical conditions, the lawsuit stresses.

The suit argues that the company “intentionally” omitted warnings about the presence or risk of heavy metals from its products’ packaging in order to mislead consumers and entice them to purchase the chocolate bars at a premium price. Theo even added a section to its website about the risk of heavy metals in its products but “downplays” the presence of lead and cadmium and claims to be “explor[ing] improvements to our sourcing strategy to address this issue,” the case shares.

Thanks to the alleged misrepresentations of its products, Theo has been allowed to “capitalize on, and reap enormous profits from, reasonable consumers … who paid a premium price for the products that omitted material information as to [their] true quality and value,” the filing charges.

The plaintiff, a California resident, purchased Theo Organic Extra Dark Pure Dark 85% Dark Chocolate Bars in September 2022 and reasonably believed they were quality products that would not be detrimental to her health, the suit says. As the case tells it, the woman would not have paid as much for the chocolate bars, or bought them at all, had she known that they contained lead and cadmium.

The lawsuit looks to represent anyone in the United States who, since February 15, 2018, purchased the products listed on this page for personal use.

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