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General Mills has been hit with yet another proposed class action lawsuit claiming that the company falsely advertised its “gluten-free” Cheerios, putting an Oregon man at risk for a severe allergic reaction.
Lead plaintiff Christopher Hamilton claims he suffers from a wheat allergy known as Celiac disease. Hamilton says he purchased General Mills’ “gluten-free” original and honey-nut varieties of Cheerios based on the deceptive label.
“Plaintiff purchased the mislabeled Cheerios in reliance on defendants’ representations that the product was ‘gluten free,’ including those found on the product’s packaging,” the General Mills Cheerios lawsuit states. “Specifically, plaintiff chose to purchase the product at issue because the mislabeled Cheerios were represented as safe for consumption by persons, such as plaintiff, who have celiac disease.”
The Cheerios class action lawsuit cites that the FDA reported receiving 125 adverse health claims regarding “gluten-free” Cheerios. After an investigation, it was discovered that the advertised “gluten-free” Cheerios actually contained 43 parts per million of gluten, which is more than double the federal regulations to deem a product gluten-free.
According to General Mills, the gluten was “inadvertently introduced” into their non-gluten mix system at its Lodi, California facility, which led to the problem. As a result of the gluten contamination, General Mills recalled a reported 1.8 million boxes of Cheerios, including 13 lots of Honey Nut Cheerios and four lots of original Cheerios.
Hamilton is not the only consumer to take issue against General Mills over its alleged aggressive false advertising practices. At least one other class action lawsuit has been filed by a California couple against the company as a result of its massive October 2015 recall.
Additionally, General Mills is facing another putative class action lawsuit in California over claims it falsely marketed its Cheerios Protein cereal products as more healthful option to regular Cheerios.
False advertising lawsuits against food manufactures seem to on the rise, as Kraft Heinz was recently sued in a proposed class action lawsuit over its “100% Grated Parmesan Cheese” allegedly the product’s ingredient includes a wood pulp filler.
Hamilton’s lawsuit seeks to represent a nationwide Class of consumers who bought the mislabeled Cheerios and a subclass of Oregon consumers under the Oregon Unlawful Trade Practices Act and common law. The General Mills class action lawsuit seeks compensatory and punitive damages as well as restitution on behalf of the proposed class and demands a trial by jury.
Hamilton is represented by Bonner C. Walsh of Walsh LLC and Adam R. Gonnelli of Faruqi & Faruqi LLP.
The “Gluten-Free” Cheerios False Advertising Class Action Lawsuit is Christopher Hamilton v. General Mills Inc., et al., Case No. 6:16-cv-00382 in the U.S. District Court for the District of Oregon.
UPDATE: On July 27, 2016, an Oregon federal judge dismissed a class action lawsuit against General Mills Inc. over a contaminated batch of gluten-free Cheerios.
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33 thoughts onGeneral Mills Faces New Class Action Over ‘Gluten Free’ Cheerios
I have eaten many boxes of this product. Hope I can be included in settlement.
I certainly hope that this becomes open to those across the nation because the company ha’s made it very clear that they have very little regard for the safety, health and well-being of all customers
I eat a ton of so-called healthy Cheerios and am saddened to hear about this. Please add me to your list of unhappy consumers. Thanks.
There always seem to be lies involving GMOs.
I certainly hope that this becomes open to those across the nation because the company ha’s made it very clear that they have very little regard for the safety, health and well-being of all customers. False advertising claims are dangerous and irresponsible but they are completely reckless and potentially life threatening for those of us who are sick. Accountability is the only thing that changes their willingness to shortcut and profit at the expense of our health.
I have bought these products for years please add me to this thank you
I was wondering why my wife always had stomach pains and diareha after eating Gluten free cheerois. She recently passed away on October 26, 2015.
I’m very sorry for your pain and loss.
I also have Celiac Disease and purchased Honey Nut Cheerios. Within hours I was in extreme pain including but not limited to join and muscle pains, GI issues, migraine headache, heart palpitations and an Asthma attack. Three days later, due to the Gluten, I suffered a miscarriage. I’m OVER companies trying to benefit on what they consider the Gluten Free fad. They need to realize that for someone with Celiac or a number of other illnesses that require an individual to consume a Gluten free diet, its not a fad!
I certainly agree, I have bought these products in every state I have lived in. Why just one?
Would like I this suit I can’t say how many years I have bought general mills products grew up on them this needs to be all states not just one.
I am sure this will be nation-wide.