Two Tampa Bay chocolate businesses battle in court over bugs

Two Tampa Bay chocolate businesses are battling it out in court. And the crux of the case isn't so tasty.

A Largo chocolate wholesaler, Mar-len Confections, says it wasn't paid after selling a Port Richey business more than $4,500 worth of chocolate.

The Port Richey business, Chocolates by Michelle, countersued, alleging the chocolates were laden with unexpected goodies — namely moths.

"They sold me bad chocolate," said Michelle Palisi, 62, who has been in the chocolate business for about 25 years.

Her case says she incurred costs to replace the chocolate, which she discarded, and to pay employees additional wages to clean things up and hire an exterminator.

Mar-len's owner said Palisi's moth problem was definitely not his company's fault.

"We wouldn't be going to this length if it was," said Wes Niedecken, 51, owner of Mar-len Confections, which is doing business as Florida Chocolate Specialties.

"We feel there's really no merit to their position," said Niedecken, who has been involved in the chocolate business for about nine years. "We're one of multiple suppliers to them."

His company's suit, filed in March, says Chocolates by Michelle ordered $4,550.53 worth of candy on Nov. 20. The next day, the order was delivered. When payment was requested on Dec. 31, Palisi informed Niedecken she wasn't going to pay, the suit says.

Both business owners said they got letters from a court television show, Judge Alex, asking them to air their case on TV.

Palisi said she would have done it. Niedecken said he "had no desire to do that."

Candy, particularly chocolate candy, can get infested with a variety of moths, said Philip Koehler, professor of entomology at the University of Florida. Immature moths, or caterpillars, are known to feed on stored food products, he said. An infestation can occur when moths mature and lay more eggs.

"If you're not practicing integrated pest management, they can get out of hand," Niedecken said. "Almost all chocolate companies we deal with have integrated pest management. These things are easily controlled."

The U.S. Food and Drug Administration sets limits for insect parts and other materials in food, which are outlined in The Food Defect Action Level booklet. Chocolate must have less than an average of 60 insect fragments per 100 grams (which is about one-fifth of a pound), according to the guide.

Koehler said it's not unusual for insects to end up in chocolate and other food products. "I would guess that it's pretty common if they have standards for it, and they're so high," Koehler said.

But people shouldn't be concerned about insect parts in their food because the "minuscule amount that may be present does not cause a food safety hazard," said FDA spokeswoman Stephanie Kwisnek in an e-mail.

To avoid critters in your chocolate, Koehler recommends checking chocolate packaging for holes, debris and insect webbing.

Lorri Helfand can be reached at lorri@sptimes.com or (727) 445-4155.