USA – Two federal lawsuits have been filed against General Mills, alleging that their popular Cocoa Puffs cereal contains dangerously high levels of lead, exceeding California’s safety standards.
The class-action suits, seeking more than US$5 million in damages, claim that General Mills failed to disclose this information to consumers, particularly parents of children who are the primary target market for the cereal.
The lawsuits, filed recently in Minnesota and California, allege that a one-cup serving of Cocoa Puffs contained just shy of the state’s maximum allowable limit of 0.5 micrograms of lead.
However, the suits argue that “almost all consumers substantially exceed the recommended serving size per bowl of cereal” due to the prominent depiction of the cereal on the front of the box.
The plaintiffs, represented by Naomi Spector of KamberLaw and a Kentucky man and South Carolina woman in the Minnesota suit, are seeking restitution, injunctive relief, compensatory and punitive damages, and attorneys’ fees.
The lawsuits also accuse General Mills of unfair and unlawful business practices, deceptive advertising, and violations of the Consumer Legal Remedies Act.
“According to independent testing of other ‘chocolatey’ cereals, those cereals do not contain lead,” the California suit read. “Consumers, however, are deprived of making this informed choice because defendant fails to disclose the presence of lead.”
The allegations in the Cocoa Puffs lawsuits stem from a purported duty to warn consumers that the products might not be safe for consumption. The suits state that nowhere does the company “disclose that the products could poison the consumer.”
General Mills, the nation’s largest cereal producer, has not commented on the pending litigation. However, the company recently defeated two lawsuits claiming Cheerios contain pesticide residue, with the plaintiffs voluntarily dismissing the suits shortly after filing them.
University of Minnesota Law School Professor Paul Vaaler believes General Mills’ defense will likely be based on the “failure to state a claim” standard, arguing that “worry is not enough” and that “no one here is complaining of a brain injury.”
Professor Prentiss Cox, also from the University of Minnesota Law School, stated that “if we’re talking about an under-disclosure of lead in cereal, especially cereal marketed to children, that’s problematic. That’s not in any sense trivial. That’s a very serious issue.”
The Cocoa Puffs lawsuits come amidst growing concerns about the presence of heavy metals in food products, particularly those marketed toward children.
A study published this week in Frontiers of Nutrition found that several dark chocolate products contain startlingly high levels of lead and cadmium, building on Consumer Reports’ tests and others in recent years linking the metals to cacao beans and cocoa powder.
As the case progresses, it could have significant implications for consumer safety regulations and corporate transparency in the food industry.
The outcome will depend on the facts presented in each case and whether the claims will advance toward a settlement or other resolution.
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