Despite its stated policy of removing any product from sale “if there is any doubt as to its safety or quality”, Trader Joe’s sticks to its troubled dark chocolates, which still remain on store shelves.
“Trader Joe’s guarantees the safety of its products,” an attorney for the popular specialty grocer wrote recently in response to a consumer reports investigation, who found high levels of toxic heavy metals – lead and cadmium – in 23 popular dark chocolate bars, including two sold by Trader Joe’s.
According to the report, released last December, Trader Joe’s Dark Chocolate Lover’s 85% Cacao Chocolate Bar was tested high in heavy metals, while Trader Joe’s 72% Cacao Dark Chocolate was tested high in lead content. The consumer watchdog group noted that “[c]constant, long-term exposure to small amounts of heavy metals can lead to various health problems,” adding that “eating just one ounce a day” is a risk.
Trader Joe’s now faces at least three federal class action lawsuits as a result of the high-profile report, including two filed in New York state (Ferrante v Trader Joe’s Company, Herd v Trader Joe’s Company) and another in his state of ‘origin. of California (Waring v. Trader Joe’s Company). The three complaints accuse the retailer of endangering shoppers by failing to warn them about the presence of heavy metals on product labels.
Two of the lawsuits also claim that Trader Joe’s has known about the presence of heavy metals in its dark chocolates since at least 2014, when a consumer advocacy group previously tested the products and alerted the company to its findings. “Since then, however, Trader Joe’s has consistently failed to mitigate lead and cadmium levels in its dark chocolates and failed to warn consumers that consuming its products exposes them to dangerous levels of these carcinogens,” according to a written complaint in the California case.
The retailer’s attorney, Dawn Sestito, a partner at O’Melveny & Myers LLP, appeared to confirm this timeline in her letter to Consumer Reports, writing, “Of course, Trader Joe’s is taking this matter seriously – and in fact, has worked on it for years.”
Parts of the lawyer’s letter were published last week by consumer reports, after the watchdog group delivered a petition with more than 55,000 signatures urging retailers and manufacturers to address the issue. Of the four companies named in the petition, which also include Hershey, Mondelez International and Theo Chocolate, consumer reports noted that Trader Joe’s was the only one to officially respond.
In the letter, Trader Joe’s allegedly challenged the consumer group’s scientific standard for determining what levels of heavy metals are unsafe for human consumption.
consumer reports based its conclusions on California’s maximum allowable dose levels, which the group described as the “most health-protective limits” in the country. (There are currently no federal standards for toxic metals in foods.)
Trader Joe’s letter argued that “these levels are intended to create a ‘wide margin of safety,’ meaning that it takes levels higher than these to definitely cause damage,” according to consumer reports.
The consumer group disagreed. Brian Ronholm, consumer reports‘ director of food policy, called it ‘an example of how companies try to confuse consumers into believing that a legal standard is the same as a public health standard. It is important that these Companies are tackling this problem because consistent, long-term exposure to even small amounts of heavy metals can be harmful.”
Eat this, not that! contacted the law firm representing Trader Joe’s to obtain a copy of the full letter. The firm has not yet responded. Outside of the published portions of this letter, Trader Joe’s has not commented publicly consumer reports‘ findings or resulting legal action.
Meanwhile, the Trader Joe’s dark chocolate bars in question are still available for purchase. This journalist repeatedly found the two types cited by consumer reports during multiple visits to the retailer’s store in downtown Brooklyn, NY, most recently on February 23. “A rich, easy-to-portion treat!” according to a handwritten sign displayed describing the 72% Cacao Dark Chocolate Bars, available in a three-pack for $1.99.
Additionally, the store also carries a number of other chocolate products, which appear to be made by the same Belgian manufacturer, including a huge “Pound Plus” version of the 72% Cacao dark chocolate bar. (Note: the “Book Plus” bar was not included in consumer reports‘ heavy metal study.) “They are made exclusively for Trader Joe’s in a small town outside Antwerp by artisan confectioners known for producing perhaps the finest chocolate in the world,” according to the label.
Subscribe to our newsletter !
