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Plaintiffs in a Nature Valley class action lawsuit have won an effort to return the action to a District of Columbia superior court.
On Wednesday, U.S District Judge Ellen Segal Huvelle granted the plaintiff’s motion for remand to D.C. Superior Court. The judge determined that while federal regulations are at least partly relevant to the plaintiffs’ misbranding claim, they are not relevant enough to confer jurisdiction on a federal court.
Plaintiffs Organic Consumers Association, Moms Across America and Beyond Pesticides are bringing this action against General Mills Inc., the makers of Nature Valley granola products.
The associations claim Nature Valley granola is falsely advertised with descriptors like “natural” and “healthy” when they contain the chemical pesticide glyphosate. They claim that by making these representations, General Mills violates the District of Columbia Consumer Protection Procedures Act.
Glyphosate is the active ingredient in Roundup weed killer. It is routinely used to increase yields of several types of crops – including oats, a significant ingredient in granola.
A similar class action lawsuit filed in October by consumers (James Carroll Scott, et al. v. General Mills Inc.) cites a report from the International Agency for Research on Cancer that found glyphosate is a “probable human carcinogen.” Plaintiffs in that class action lawsuit claim there is “compelling scientific evidence” that shows “even at low dosage levels, [glyphosate] compounds can cause liver and kidney damage.”
After plaintiffs in the Organic Consumers Association, et al. v. General Mills filed their Nature Valley class action lawsuit in D.C. Superior Court in September 2016, General Mills removed the action to federal court.
In support of removal, the company argued that even though the plaintiffs’ claims fall under D.C. law, the case will depend on a question of federal law – specifically, whether the Nature Valley products are misbranded under the federal Food, Drug, and Cosmetic Act and its associated regulations.
That question is substantial enough to give the federal court jurisdiction over the matter, General Mills argued.
The plaintiffs countered in their motion for remand that while federal law is at least partly relevant, this Nature Valley class action lawsuit doesn’t raise any essential federal legal issues.
Judge Huvelle agreed with the plaintiffs. She noted that where a plaintiff brings claims only under state law – or as in this case, D.C. law – federal jurisdiction rarely exists. For removal to be proper would require either a federal statute that “wholly displaces” the state claim or a federal issue raised by the state law claims that is substantial and subject to dispute.
The judge rejected the defendants’ attempt to link plaintiffs’ claims over the “healthy” representation to federal regulations that determine what level of glyphosate is “unsafe.”
“’Healthy’ and ‘safe’ are not synonymous,” the judge wrote. “’Healthy,’ in this context, means ‘beneficial to one’s physical state,’ while ‘safe’ means ‘free from harm or risk.’”
Judge Huvelle concluded that while federal FDCA regulations may give General Mills a defense in this case, a federal defense by itself does not create federal court jurisdiction.
The plaintiffs are represented by Beth E. Terrell and Adrienne D. McEntee of Terrell Marshall Law Group PLLC, Kim E. Richman of The Richman Law Group and Tracy D. Rezvani of The Rezvani Law Firm PC.
The Nature Valley False Advertising Class Action Lawsuit is Organic Consumers Assn. v. General Mills Inc., Case No. 1:16-cv-1921, in the U.S. District Court for the District of Columbia.
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48 thoughts onNature Valley Mislabeling Class Action Lawsuit Returns to D.C. Court
Everyday during the week breakfast. Please add me. Thanks
I eat these ever day. I love them…so sad. Please include me.thanks
Please let me know how i can apply, i love them, very disappointing
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Please include me as I’ve purchased numerous times
KINDLY INCLUDE ME
I am also interested in joining this lawsuit. What are the necessary qualifications to do so?
I want in on this one