Bob’s Red Mill class action claims products contain unsafe, unlawful levels of cadmium

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Bob’s Red Mill class action lawsuit overview:

• Who: Plaintiff Mark Hayden filed a class action lawsuit against Bob’s Red Mill Natural Foods Inc.
• Why: Bob’s Red Mill allegedly fails to disclose some of its flaxseed products contain unsafe levels of cadmium, in violation of California law.
• Where: The Bob’s Red Mill class action lawsuit was filed in California federal court.

Bob’s Red Mill Natural Foods Inc. advertises some of its flaxseed products as being healthy but fails to disclose they contain unsafe levels of cadmium, a known human carcinogen that has been linked to a number of health issues, a class action lawsuit alleges.

Plaintiff Mark Hayden says he purchased Bob’s Red Mill flaxseed products because he believed they were healthy and did not contain high levels of cadmium. He says he would not have purchased the products if he had known they contained high levels of the carcinogen.

The plaintiff notes ConsumerLabs.com published results of testing on various flaxseed products in January. According to the test results, Bob’s Red Mill Whole Ground Flaxseed Meal tested positive for 6.1 micrograms of cadmium and the company’s Whole Golden Flaxseed Meal tested positive for 5.5 micrograms of cadmium.

The class action lawsuit says California law requires products that test positive for more than 4.1 micrograms of cadmium to display a Proposition 65 warning label.

Bob’s Red Mill class action says labels do not disclose products contain unsafe cadmium levels

Not only does Bob’s Red Mill fail to disclose that its products contain high levels of cadmium, but a spokesperson for the company reportedly said the company does not test its products for heavy metals like cadmium, according to the complaint.

Bob’s Red Mill flaxseed products have labels that “give reasonable consumers the impression that the products are healthy and made with quality ingredients and do not contain unlawful levels of heavy metals,” Hayden says.

He points to labels on the products’ front labels that read: “To Your Good Health,” “You Can See Our Quality,” “Non-GMO” and “Gluten Free.” These labels lead consumers to believe the products do not contain potentially harmful ingredients, the plaintiff claims.

The plaintiff filed the class action lawsuit on behalf of himself and a proposed class of persons who purchased the flaxseed products for personal use in California within the applicable statute of limitations.

The Bob’s Red Mill class action asserts claims for violation of California’s Consumers Legal Remedies Act and Unfair Competition Law, and breach of implied warranties.

Bob’s Red Mill has previously faced a class action lawsuit alleging its steel-cut oats contain herbicide.

What do you think about the Bob’s Red Mill cadmium content allegations? Join the discussion in the comments.

Hayden is represented by Zachary Crosner, Craig W. Straub and Michael T. Houchin of Crosner Legal PC.

The Bob’s Red Mill cadmium class action lawsuit is Mark Hayden v. Bob’s Red Mill Natural Foods Inc., Case No. 4:23-cv-03862, in the U.S. District Court for the Northern District of California.

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