- Pumas seek historic win over 'hurt' Irish
- Advantage Martin as MotoGP reaches gripping climax in Barcelona
- Man with explosives dies trying to enter Brazil Supreme Court
- Mike Tyson, 58, back in ring to face Youtuber Paul
- Hunger in G20 host Brazil is Lula's unfinished fight
- Biden, Xi arrive in Peru ahead of face-to-face at Asia-Pacific summit
- Mysterious diamond-laden necklace fetches $4.8 mn in Geneva auction
- Lawmakers clash, protesters arrested in wake of Amsterdam violence
- Global diabetes rate has doubled in last 30 years: study
- Six Israeli troops killed, deadly strikes in Lebanon
- US envoy says Mexico's 'hugs not bullets' strategy failed
- Lyon and Chelsea stay perfect in Women's Champions League
- Alcaraz beats Rublev to open ATP Finals account, Ruud misses last four chance
- Another clean sheet for Onana as E. Guinea, I. Coast qualify
- From 'Little Marco' to 'Mr Secretary': Rubio shows Trump China push
- Sri Lanka president eyes parliament win in snap election
- Spain flood epicentre braces for fresh deluge
- New York drought conditions fan flames, spur water saving
- Football 'world order' is changing, says Brazil coach
- Maiden century by Varma gives India unbeatable series lead
- Buy now, pay later: Latin America pressured by Chinese online shops
- Republicans complete power takeover with House majority
- Kane disappointed by England Nations League withdrawals
- Trump victory signals golden era for crypto industry
- 'First Buddy': Musk takes unusual star role with Trump
- Workers stage walkout at US maker of Fallout video game
- England will not change 'DNA' against South Africa, says Slade
- Sri Lanka beat New Zealand to go 1-0 up in ODI series
- Biden, Xi to meet in Peru on Saturday: US official
- Spurs coach Popovich suffered 'mild stroke', says NBA team
- Spain flood epicentre under highest alert for fresh rain
- Turkey scrubs up its baths to keep hammam tradition alive
- 'Very humiliating': Bangladesh's Yunus seethes over climate cash fight
- 'Welcome back': Trump, Biden shake hands in White House
- Tech's green wave hits choppy waters
- Fernandes hopes Amorim can 'change the energy' at Man Utd
- Trump, Biden shake hands in White House, vow smooth transfer
- Gatland battling 'pain' during tough Wales rebuild
- COP29 fight for climate money 'humiliating': Bangladesh's Yunus
- McIlroy aims for glory on happy hunting ground in Dubai
- Spain evacuates thousands in fresh flood alarm
- US death row inmate stages jazz protest for release in London court
- Markets stall, inflation and bitcoin rise amid Trump fears
- Germany's embattled Scholz trades blows with rivals as election looms
- Alcaraz beats Rublev to open ATP Finals account
- 'I had to gather my strength': Ukrainians abroad sign up to fight
- 'Legend' Healy set to equal O'Driscoll record against Pumas
- Record stand propels Sri Lanka to 324-5 against New Zealand
- US consumer inflation rises in October on higher housing costs
- S.Africa football chief arrested on fraud, theft charges
Lindt disputes US lawsuit claims, stands by 'excellence' labelling
Top Swiss chocolatier Lindt & Sprungli is disputing claims brought by US consumers in a class action lawsuit concerning the levels of heavy metals found in its chocolate bars.
Lindt has unsuccessfully attempted to end a class action lawsuit in the United States, launched in February 2023, following an article by a US consumer association questioning the presence of heavy metals in dark chocolate bars from several manufacturers, including two bars produced by Lindt.
"Lindt & Sprungli disagrees with all the allegations made in the US lawsuit," the firm told AFP in a statement late on Monday night.
"Our Lindt & Sprungli quality and safety procedures ensure that all products comply with all applicable safety standards and declaration requirements and are safe to consume," it added.
Consumers in the US states of Alabama, California, Florida, Illinois, Nevada and New York had taken legal action on the back of a 2022 article by the US consumer organisation Consumer Reports, concerning the levels of lead and cadmium in dark chocolate bars.
The organisation tested 28 bars sold in the United States. One of the Lindt bars was among eight found to have a high level of cadmium, while another was among 10 with a high level of lead, though neither had the highest levels.
Two of its bars, marketed under the US brand Ghirardelli, were among the five classified as "safer choices".
While bars from other manufacturers had higher concentrations of heavy metals -- including organic brands -- consumers insisted in the class action lawsuit that they had paid premium prices for Lindt because they believed they were "purchasing quality and safe dark chocolate".
They accused Lindt of having violated the labelling rules in force in their states.
The Eastern District of New York district court denied Lindt's motion to have the lawsuit dismissed.
- 'Puffery' argument -
The chocolatier's lawyers maintained that the words printed on its packaging -- "excellence" and "expertly crafted with the finest ingredients" -- were unactionable "puffery".
The court decision outlined product puffery as "exaggerated advertising, blustering, and boasting upon which no reasonable buyer would rely".
The line of defence startled some newspapers in a country highly attached to the prestige image of its goods, with Switzerland's NZZ am Sonntag weekly saying Lindt's strategy had "dismantled its own promises of quality".
Lindt, however, stressed that the use of a "puffery argument" was a "technical" legal response before a US court and not an admission of inferior quality products.
That argument, Lindt told AFP in a statement, was merely "used to clarify that an advertising challenged by plaintiffs is not sufficiently objective to support the specific false advertising claim being made".
But nonetheless, it insisted that it stood by its claims of "excellence" and products "expertly crafted with the finest ingredients".
"Our consumers can have full confidence in that," said Lindt.
D.Cunningha--AMWN