The chocolatier's lawyers maintained that the words "excellence" and "expertly crafted with the finest ingredients", printed on its bars, were unactionable "puffery", according to a decision by the Eastern District of New York district court

Zurich (AFP) - In a bid to dodge a US lawsuit, Swiss chocolatier Lindt & Sprungli has scuppered its own claims about the excellence of its products – a cornerstone of its marketing strategy.

Lindt has unsuccessfully tried 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.

“In its defence strategy, the company has dismantled its own promises of quality,” claimed the Swiss newspaper NZZ am Sonntag, raking over a September US court decision.

The chocolatier’s lawyers maintained that the words “excellence” and “expertly crafted with the finest ingredients”, printed on its bars, were unactionable “puffery”, according to a decision by the Eastern District of New York district court.

The court, which dismissed Lindt’s motion, defined product puffery as “exaggerated advertising, blustering, and boasting upon which no reasonable buyer would rely”.

The Swiss newspaper Le Temps said Lindt was “walking a tightrope” with this “daring defence”.

Lindt’s high profit margins are due to “the fact that consumers are willing to pay more for its industrial chocolates because of their quality image”, the daily noted.

The court decision said the plaintiffs brought the class action against Lindt alleging that the firm “deceptively marketed their dark chocolate bars as ‘expertly crafted with the finest ingredients’ and ‘safe, as well as delightful’, when the bars in fact contained significant amounts of lead”.

Lindt did not immediately respond to a request for comment.

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 from 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”.

Switzerland is very attached to the quality of its goods, its calling card to sell products that are often more expensive given the high production costs in the wealthy Alpine country.