Lindt Chocolate Lawsuit 2026, No Settlement, Case Still Active After Judge Denies Dismissal—Lawsuit Claims “Expertly Crafted” Chocolate Contains 166% Above Safe Lead Levels
Plaintiff Kamila Harkavy filed the motion for voluntary dismissal without prejudice Feb. 27 in a California federal court, ending one Lindt heavy metals case. But a separate lawsuit filed in February 2023 in the Eastern District of New York remains active after Lindt & Sprüngli (USA) Inc. failed to convince a federal judge to dismiss a lawsuit alleging the confectionery company’s dark chocolate bars contain significant amounts of lead.
According to the report, one ounce of the three and a half ounce Lindt 85% Cocoa Dark Chocolate Bar contained lead at 166% above the California Maximum Allowable Dose Levels. No settlement exists as of February 2026, and the case continues toward potential trial.
What Is The Lindt Chocolate Lawsuit About?
The lawsuit, filed in the US District Court for the Eastern District of New York in February 2023, claims the Swiss chocolate giant has misled consumers by advertising its dark chocolate as ‘expertly crafted with the finest ingredients’ and ‘safe, as well as delightful’. The allegations stem from a December 2022 Consumer Reports investigation testing 28 dark chocolate bars for heavy metals.
Two Lindt products were flagged: The Excellence Dark Chocolate 70% Cocoa bar had cadmium levels at 116% above California’s safe limits, while the 85% Cocoa bar exceeded lead limits by 166%.
Lindt’s Shocking Defense: “Excellence” Is Just Marketing Hype
The company’s attorneys claim the use of the words “excellence” and “expertly crafted with the finest ingredients,” printed on its products, were unactionable “puffery,” according to court filings. This defense backfired spectacularly.
The Swiss newspaper Le Temps said Lindt was “walking a tightrope” with this “daring defence”. By arguing that quality claims were meaningless exaggeration, Lindt undermined its own premium brand positioning.
The judge wasn’t convinced. Those statements, along with other packaging phrases highlighting the safety and quality of ingredients in 70% and 85% cocoa bars, were enough to allege that reasonable consumers could be misled, the court ruled in September 2024.
Why Heavy Metals Are In Chocolate (And Why Lindt’s Problem Is Different)
Heavy metals can be absorbed by cocoa trees from the soil, but lead contamination often originates from the supply chain, such as drying beans on tarmac near roads with traffic using leaded fuels. This makes transparency critical.
Similar to the Celestial Seasonings Class Action Lawsuit, “All Natural” Claims Face Legal Challenge Over Citric Acid And Artificial Flavors, the Lindt case hinges on whether marketing creates false expectations despite technical compliance with some standards.
Although bars from other chocolatiers were found to have higher levels of heavy metals than Lindt’s products, the plaintiffs insisted on pursuing a lawsuit against Lindt because they paid higher prices for the brand expecting premium safety.
Current Status: No Settlement, Active Litigation
The California case voluntarily dismissed in February 2026 is not the end. The consumers’ proposed class action is part of broader litigation in New York federal court that remains active.
Lindt intends to vigorously defend itself against these entirely unproven challenges to our products, a spokesperson told media outlets, adding that products meet quality standards and are safe to consume.
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Who Can Join This Lawsuit?
If you purchased Lindt Excellence Dark Chocolate 70% Cocoa or 85% Cocoa bars believing they were premium-quality, safe products, you may be part of the class. The lawsuit seeks to represent all U.S. consumers who purchased these products.
No claim forms exist because no settlement has been reached. If the case settles or proceeds to trial with a plaintiff victory, eligible consumers will be notified.
What Happens Next?
The case is in discovery, where plaintiffs’ attorneys can demand internal Lindt documents about heavy metal testing, quality control procedures, and marketing decisions. Expect motion practice through 2026 with a potential trial date in 2027.
This case could push for clearer industry-wide standards regarding permissible heavy metal content in products marketed as ‘healthy’ or ‘premium’.
FAQs
Is there a Lindt chocolate settlement I can claim?
No. As of February 2026, no settlement exists. One California case voluntarily dismissed, but the New York federal case remains active.
What did Lindt do wrong?
The lawsuit alleges Lindt marketed dark chocolate as “expertly crafted” and safe while knowing it contained lead and cadmium at levels exceeding California safety limits.
Which Lindt products are affected?
Lindt Excellence Dark Chocolate 70% Cocoa and 85% Cocoa bars. The lawsuit does not cover milk chocolate or other Lindt products.
Can I still join the lawsuit?
You don’t need to “join”—if you purchased the affected products, you’re automatically part of the class action unless you opt out. No action is required unless a settlement is reached.
How much could I get from a settlement?
Unknown. Similar food labeling cases like the Breyers Class Action Lawsuit, $8.85M Settlement paid $1 per product. Settlement amounts depend on negotiations.
Are Lindt chocolates safe to eat?
Lindt maintains products meet FDA standards and are safe. Heavy metals occur naturally in cocoa, but Consumer Reports found levels that could be harmful if eating an ounce daily.
When will this case be resolved?
Discovery continues through 2026. Trial could occur in 2027 unless parties settle. Complex class actions typically take 2-4 years from filing to resolution.
Last Updated: February 14, 2026
Disclaimer: This article provides general information about ongoing litigation and is not legal advice. No settlement or claim process exists as of February 2026.
What To Do: If you purchased affected Lindt products and want updates, monitor court filings in the Eastern District of New York or consult a consumer protection attorney.
Stay informed, stay protected. — AllAboutLawyer.com
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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