A proposed class action lawsuit filed over the alleged presence of undisclosed glyphosate in certain General Mills products has been transferred to Florida’s Southern District. The 16-page lawsuit was initially filed in California’s Central District in August 2018.
According to the suit, Cheerios Toasted Whole Grain Oat Cereal, Nature Valley Granola Oats n’ Honey, Nature Valley Crunchy Granola Bars—Oats n’ Honey and Lucky Charms all contain glyphosate, a herbicide used widely in the United States on wheat, barley and oats before harvest. At issue in the case is the defendant’s representation of the products as “made with 100% whole grain oats,” “100% Natural”—a descriptordropped last yearby General Mills—and as containing no artificial flavors. The lawsuit, citing the International Agency for Research on Cancer arm of the World Health Organization, describes glyphosate as “probably carcinogenic to humans.”
Though it no longer labels its products as “100% Natural,” General Mills, the lawsuit says, has made no mention of disclosing the supposed presence of glyphosate in its oat-laden products. The case argues the disclosure of glyphosate is of material value to consumers in that none “would purchase the Products knowing that they contained glyphosate.” From the complaint:
“By failing to disclose the fact that the Products contain or likely contain glyphosate and continuing to sell the Products in packages omitting this information, Defendant has and continues to deceive and mislead consumers, including Plaintiff.
As a result of Defendant’s misleading half-truths and material nondisclosures, consumers will continue to purchase Defendant’s Products that, unbeknownst to them, contain or likely contain glyphosate.”