Lindt Chocolate Class Action Lawsuit Update
Send this to your friends who buy Lindt dark chocolate like me, because a class
action lawsuit was just pushed forth against them by a judge alleging numerous
violations of consumer laws, including false advertising,
safety hazard,
design defect. And it's because they found significant
levels of lead and
cadmium in these products and allegedly have known about this since
twenty-fourteen. Here were some of Lindt's defenses in court,
so you know how a
company thinks. First, they said, "It's not false advertising because we
never said
there's no lead, there's no cadmium in this product." To
which the judge said, "It
doesn't matter because you said all of these things, which would imply to a
reasonable consumer that there would be no toxic heavy metals
in this product."
Well, in defense of all of this, Lindt said,
"That is just inactionable puffery,"
meaning these are claims that are so exaggerated
that no reasonable consumer would
rely on them to buy a product. To which the court said, "No, that
is not true.
A reasonable consumer would see this advertising and again expect a premium
product and at the very least, an absence of toxic metal."
But then Lindt says,
"Wait, nobody's actually proven to be injured
directly from eating our chocolate."
To which the court said, "We don't have to wait to prove
that someone got cancer
from your chocolate in order to declare it a safety hazard." Because the judge
says, "A reasonable consumer would not have paid
a premium for your product if they
knew it had these metals in it." Which is why the class action is going forward,
asking for payment for anyone who bought this chocolate.
You know I'll keep you updated on any settlement.
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