In an unsuccessful attempt to get a class-action lawsuit dismissed, Lindt’s lawyers conceded that its messaging is ‘exaggerated advertising … upon which no reasonable buyer would rely’
The words “excellence” and “expertly crafted with the finest ingredients” emblazoned on Lindt’s packaging are nothing more than product “puffery,” according to the Swiss chocolatier’s lawyers.
Consumer Reports scientists listed Lindt’s Excellence Dark Chocolate 70% Cocoa as “high” in cadmium and its Excellence Dark Chocolate 85% Cocoa as “high” in lead.
The report may have found higher concentrations of heavy metals in other bars, but the consumers involved in the class-action lawsuit argued they had paid more for Lindt based on the understanding they were “purchasing quality and safe dark chocolate.” As such, they accused the chocolate maker of violating labelling rules in Alabama, California, Florida, Illinois, Nevada and New York.
The chocolatier reportedly “disagrees with all the allegations made in the U.S. lawsuit,” telling APF in a statement: “Our Lindt & Sprüngli quality and safety procedures ensure that all products comply with all applicable safety standards and declaration requirements and are safe to consume.”
The “puffery argument” was apparently intended not as an admission of shoddy goods but as a “technical” legal response. Lindt told AFP that the argument was “used to clarify that an advertising challenged by plaintiffs is not sufficiently objective to support the specific false advertising claim being made.”
In contrast to the message relayed in court, Lindt also told AFP it “stood by” its assertion of “excellence” on product packaging and chocolate “expertly crafted with the finest ingredients.”
Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our cookbook and recipe newsletter, Cook This, here.