NEW YORK, March 28 (Reuters) - A U.S. judge dismissed

most of a lawsuit accusing Trader Joe's of misleading and

endangering consumers by failing to disclose that its dark

chocolate bars contained harmful levels of "heavy metals" such

as lead and cadmium.

In a decision on Wednesday, U.S. District Judge Ruth

Bermudez Montenegro in San Diego said consumers in the proposed

class action failed to adequately plead that the grocery chain's

chocolate posed an unreasonable safety hazard or were unfit to

eat.

While the lack of a warning on labels can mislead reasonable

consumers, "alleging that heavy metals can pose human health

risks at some unidentified level does not mean the levels in

[Trader Joe's] products pose a human health risk," she wrote.

The judge dismissed five claims brought on behalf of

shoppers nationwide, including for violating California consumer

protection laws and an implied warranty that the chocolate was

safe to eat, but said they can try to amend their complaint.

Claims brought on behalf of Illinois, New York and

Washington shoppers under those states' laws can proceed.

Lawyers for the plaintiffs did not immediately respond on

Thursday to requests for comment. Trader Joe's and its lawyers

did not immediately respond to similar requests.

Several chocolate sellers were sued by consumers after a

Consumer Reports study in December 2022 found potentially

harmful levels of lead, cadmium or both in dark chocolate bars,

for people who ate more than one ounce of chocolate a day.

The metals can occur naturally in soil. Consumer Reports has

said long-term exposure to them can lead to nervous system

problems, immune system suppression and kidney damage, with

greater danger to pregnant women and young children.

Godiva, Hershey, Lindt and Mars, which

makes Dove chocolate, are among other companies that were sued

over their dark chocolate.

The Trader Joe's case combined five lawsuits involving 17

law firms.

It alleged undisclosed levels of lead, cadmium and arsenic,

another heavy metal, in eight dark chocolate bars, citing the

Consumer Reports study and "independent laboratory" testing.

The case is In re Trader Joe's Company Dark Chocolate

Litigation, U.S. District Court, Southern District of

California, No. 23-00061.