Nature Valley Class Action Says Granola Bars Aren’t 100% Natural

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A New York woman says Nature Valley products are deceptively mislabeled because the oats used in those products are treated with a synthetic compound.

Plaintiff Yesenia Nuez is suing General Mills Inc., the makers of Nature Valley products. Nuez claims the labeling on their granola bars that describes them as being “Made with 100% Natural Whole Grain Oats” is false, misleading and deceptive.

She says those oats actually contain a substance called glyphosate, which she says is both synthetic and risky for human health.

According to the Nature Valley class action lawsuit, the glyphosate that supposedly ends up in these products is sprayed on oat crops to dry them out and to foster an earlier and more uniform harvest.

This practice is intended to increase yield but offers no particular health benefits, Nuez claims.

The plaintiff says General Mills knows consumers are aware of the potential health and environmental consequences associated with artificial food ingredients, and for that reason they’re willing to pay more for products they believe are completely natural.

General Mills allegedly captures this expanding market by labeling its Nature Valley products with the indication “Made with 100% Natural Whole Grain Oats,” she claims.

Nuez argues such labeling is false and misleading when the product contains glyphosate, an allegedly synthetic substance.

She describes glyphosate as “a potent biocide, probable human carcinogen, and human endocrine disruptor, with detrimental health effects that are still becoming known.”

Glyphosate may be connected to liver damage and kidney damage, and it may have a detrimental effect on immune function, the Nature Valley lawsuit states.

Testing conducted by an independent laboratory revealed the presence of glyphosate in Nature Valley products at a level of 0.45 parts per million, Nuez claims.

She says glyphosate appears in several different Nature Valley products – not just its famous Crunchy granola bars, but also in Nature Valley Trail Mix chewy granola bars, Sweet & Salty Nut granola bars, Biscuits, Breakfast Biscuits, Oatmeal Squares, Oatmeal Bars, and Oatmal Bistro Cups.

She argues that she and proposed Class Members suffered economic harm by paying more than they would have for a product that is something other than what its label says it is.

“Had Plaintiff and Class Members known at or before the time of purchase that the Products, in fact, contain glyphosate, a synthetic biocide with human health effects, they would not have purchased or used the Products, and they will not continue to use them unless and until remedial action is taken,” she claims.

Nuez proposes to represent a plaintiff Class consisting of all persons who purchased the products at issue within New York state from the beginning of the period allowed by the applicable statute of limitations through the date of Class certification.

She seeks an award of damages including actual, statutory and punitive damages, restitution of profits gained from the allegedly unlawful activity, plus attorneys’ fees and costs of litigation.

Representing Nuez are attorneys Kim E. Richman of The Richman Law Group, Beth E. Terrell and Adrienne D. McEntee of Terrell Marshall Law Group PLLC, and Lori G. Feldman and Courtney E. Maccarone of Levi & Korsinsky LLP.

The Nature Valley False Advertising Class Action Lawsuit is Nuez v. General Mills Inc., Case No. 1-16-cv-04731, in the U.S. District Court for the Eastern District of New York.