Organic Milling Faces Hi-Lo Cereal False Labeling Class Action Lawsuit

Organic Milling LLC, a cereal company, was hit with a false labeling class action lawsuit filed in California state court this Tuesday. The class action lawsuit alleges that Organic Milling has falsely represented their cereal products with labels claiming “100% natural,” which the plaintiff finds contestable considering that the cereal uses genetically modified crops and synthetic ingredients.

Lead plaintiff Elyse Mirto is a California resident and a fairly frequent consumer of Organic Milling cereal products. Mirto alleges that because the Organic Milling’s products contain genetically modified and/or synthetic soy protein, cornmeal, and canola oil, it is illegal for the company to label their products as “100% natural” under California state laws.

According to Mirto’s class action allegations:

“Plaintiff was willing to pay for the Products because of the representations that they were ‘100% Natural’ and would not have purchased the Products, would not have paid as much for the Products, or would have purchased alternative products in absence of the representations, or with the knowledge that the Products contained genetically modified and heavily processed ingredients.”

The Organic Milling false labeling class action lawsuit brings forth several different allegations against the cereal company including breach of warranty, violation of California Consumer Legal Remedies Act, Unfair Competition Law and False Advertising Law. Mirto seeks to recover money spent on Organic Milling food products and also requests the cereal company cease labeling the products as “100% natural,” as well as run to run a campaign to clarify the labeling mistake to current and future consumers.

Mirto further alleges that the mere presence of genetically modified crops is an unlawful act by Organic Milling, because GMO’s do not fit under the U.S. Environmental Protection Agency and the World Health Organization’s definition of a natural crop. The class action lawsuit also claims that certain ingredients in Organic Milling cereal products have been processed to the point that no longer resemble the crop’s original chemical makeup.

In the Organic Milling false labeling class action lawsuit, Mirto seeks to represent a Class defined as:

“All consumers who, From August 4, 2010, until the date notice is disseminated to the Class (the ‘Class Period’), purchased any of the following products in California: Nutritious Living Hi-Lo Original Flavor and/or Nutritious Living Hi-Lo Strawberry Flavor.”

This is not the first time the plaintiff has gone up against a popular cereal company in court. In 2012, Mirto hit Quaker Oats Co. with similar class action lawsuit allegations, but it was dismissed from federal court at the request of both plaintiff and defendant.

The legal counsel for both parties involved in the false labeling class action lawsuit were not available for comment.

Elysse Mirto is represented by Tina Wolfson, Robert Ahdoot, Theodore W. Maya and Bradley K. King of Ahdoot & Wolfson PC.

The Nutritious Living Hi-Lo Cereal False Labeling Class Action Lawsuit is Elyse Mirto v. Organic Milling LLC, et al, Case No. BC553780, in the Superior Court of the State of California, Los Angeles.