Bob’s Red Mill Class Action Says Steel Cut Oats Contain Herbicide

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A class action lawsuit says Bob’s Red Mill Steel Cut Oats and Old Fashioned Rolled Oats contain a common but dangerous herbicide, and that advertisements implying that the products are “wholesome” and good for consumers’ health are misleading.

Plaintiffs Tamara Frankel and Natasha Paracha say that they purchased Bob’s Red Mill Steel Cut Oats or Old Fashioned Rolled Oats in their home state of California for personal use.

According to the Bob’s Red Mill Steel Cut Oats class action lawsuit, the plaintiffs purchased the products because they were advertised as being beneficial to people’s health. However, the plaintiffs say the breakfast items are potentially dangerous because they contain a weed killer that has been linked to cancer.

Frankel and Paracha allege that Bob’s Red Mill Natural Foods Inc. violated business law and consumer fraud statutes in multiple states.

They seek damages on behalf of themselves and similarly affected consumers in two Classes — one Class of California consumers and one Class of consumers across multiple states who purchased the Bob’s Red Mill Oats Steel Cut Oats and Old Fashioned Rolled Oats.

The Bob’s Red Mill Old Fashioned Rolled Oats class action lawsuit claims the plaintiffs relied on the products’ labels to make their purchasing decision, saying that the labels advertised the product as “wholesome,” and good for customers’ health. Additionally, they claim that the labels advertised that the products were “purity tested.”

However, Frankel and Paracha argue that in fact, the products contain glyphosate, a common herbicide used in Monsanto’s Roundup and other weed killers. The two consumers say that glyphosate is likely to cause cancer and is a danger to consumers.

According to the Bob’s Red Mill breakfast cereal class action lawsuit, the defendant knew or should have known of the presence of the dangerous chemical in the food, and intentionally misled consumers into purchasing the product by advertising it as pure and healthy.

Frankel and Paracha claim that had they known the products contained weed killer, they would not have purchased the cereals at all. So, they argue that they were financially injured by their purchase of the product, and that the profits the company earned from the sale of the cereals were gained unfairly.

The Bob’s Red Mill herbicide class action lawsuit says that California Civil Code prohibits companies from representing that products have characteristics, uses, or benefits that they do not have, and that the company represented the products has being healthy and beneficial when in fact, they are potentially dangerous to human health.

The Bob’s Red Mill oats weed killer class action lawsuit says that the way in which the company advertises the oats contained “misleading half-truths” and “material omission” about the true nature of the products. 

Frankel and Paracha reportedly notified the company of the alleged misrepresentation, and gave them 30 days to rectify the problem by notifying consumers that the oats possibly contained glyphosate before the consumers filed a class action lawsuit.

The plaintiffs say the company refused to do so and thereby continue to injure consumers.

Frankel and Paracha are represented by Patricia N. Syverson, Manfred P. Muecke, Elaine Ryan and Carrie Laliberte of Bonnett Fairbourn Friedman & Balint PC, and by Stewart M. Weltman, Todd L. McLawhorn, and Michael Chang of Siprut PC.

The Bob’s Red Mill Oats Herbicide Class Action Lawsuit is Tamara Frankel, et al. v. Bob’s Red Mill Natural Foods Inc., Case No. 3:18-cv-05394-JCS, in the U.S. District Court for the Northern District of California.