 "'Expertly crafted' chocolate? Lindt in legal row after 'puffery' defence")
Swiss chocolatier Lindt & Sprungli, renowned for its premium chocolates, finds itself in a legal and reputational battle after admitting that its claims of its products being “expertly crafted with the finest ingredients” might not hold as much weight as consumers were led to believe. The revelation comes as part of the company’s defence in a class action lawsuit filed in the United States (US).
How the controversy unfolded
The controversy began in 2022 when Consumer Reports published a study highlighting alarmingly high levels of lead in Lindt’s Excellence Dark Chocolate 84 per cent Cocoa, and cadmium in its Excellence Dark Chocolate 70 per cent Cocoa. While Lindt was not the only brand implicated in the report, it has become the focal point of this legal dispute.
In 2023, a group of consumers in the US filed a class action lawsuit, accusing Lindt of violating labelling laws in states like Alabama, California, Florida, Illinois, Nevada, and New York. The plaintiffs alleged that Lindt deceived customers into paying a premium for a product that was not as exceptional as advertised.
The 'puffery' defence backfires
In its attempt to have the case dismissed, Lindt’s legal team argued that the phrases “excellence” and “expertly crafted with the finest ingredients” were mere “puffery”— a legal term describing exaggerated marketing claims that no reasonable consumer would take literally. However, this defence only added fuel to the fire.
Swiss newspaper NZZ am Sonntag criticised the company, calling the “puffery” argument a self-inflicted wound that revealed “Lindt's quality is a transparent marketing masquerade.” Social media users also expressed their disappointment, accusing the brand of undermining its own credibility.
Lindt stands firm amid backlash
In response to the criticism, Lindt clarified that its “puffery” defence was a “technical” legal strategy rather than an admission of inferior quality. A representative for the company told news agency AFP, “Our consumers can have full confidence” in Lindt’s products, reaffirming that its chocolates are “expertly crafted with the finest ingredients.”
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Despite the clarification, the court denied Lindt’s motion to dismiss the case, allowing the lawsuit to proceed.
Trust at stake for Lindt
As one of the world’s most iconic chocolate makers, Lindt has built its reputation on delivering luxury and quality. However, this legal battle could challenge that image, especially as consumer trust becomes increasingly crucial in the premium food industry.
While the case unfolds, Lindt remains firm that its chocolates meet the highest standards. For now, its customers are left to weigh the legal defence against the brand’s assurances.
Will Lindt's legacy of excellence withstand this challenge, or has the “puffery” defence dulled its shine? Only time—and the courts—will tell.