Lindt & Sprüngli, the prestigious Swiss chocolatier, is facing a collective complaint in the United States following the discovery of heavy metals in its dark chocolate bars. In a controversial defense strategy, the brand called its slogans “exaggerated advertising,” sparking incomprehension among its customers.
Dark chocolate and heavy metals: outraged consumers
American consumers in several states, including Alabama, California, and New York, have launched a collective complaint against Lindt & Sprüngli, accusing the chocolate giant of failing to honor its quality commitments. This legal action follows a report by the Consumer Reports association published in 2022, denouncing the presence of lead and cadmium in several dark chocolate bars, including those from Lindt.
The association's analyzes have highlighted worrying levels of heavy metals in major brand products, including two Lindt tablets among the references tested.
In response, Lindt surprised its consumers and observers by defending its quality claims as “ exaggerated advertising “. This term, in English “puffery”, aims to explain that slogans like “ excellence » et « made with our finest ingredients » are more about commercial promotion than a legal guarantee. This positioning, explained in a first instance judgment rendered by a New York district court last September, aims to avoid any liability for the manufacturer.
Lindt confronted with the expectations of its customers
This defense strategy, unprecedented and risky for a brand recognized throughout the world, caused astonishment in Switzerland, where quality is perceived as a key element of the national image. Lindt, flagship of the Swiss chocolate industry, seems here to deviate from its traditional principles by revising the scope of its commitments. The Swiss daily Timereporting this affair, emphasizes that the group “ walk on a tightrope » by justifying its slogans as simple sales arguments without contractual value.
The New York court's decision, however, did not rule in Lindt's favor, rejecting the company's arguments that hoped to have the class action lawsuit overturned. This case thus highlights a central question for the group: how to maintain its high-end positioning, based on promises of quality, while minimizing the associated legal responsibilities?
For American consumers involved in this affair, the issue goes beyond the simple presence of heavy metals in dark chocolate. They claimed to have chosen Lindt products because of their reputation for quality, and they criticize the Swiss group for not having respected its commitments in terms of safety and purity. Many consumers say they are willing to pay more for a product they trust, and Lindt risks, through this affair, compromising the perception of exceptionality associated with its products.
