The class action lawsuit concerns Kellogg’s Nutrigrain Soft Baked Breakfast Bars – Strawberry; and Kellogg’s Cracklin’ Oat Bran oat cereal.
As alleged, in marketing the Products, Kellogg’s appeals to the consuming public’s ever-growing health consciousness and increasing appetite for nutritious, wholesome foods that will benefit their health and avoidance of highly-processed foods with non-healthy attributes such as GMOs, artificial additives, gluten, added sugars, and hydrogenated oils.
Kellogg’s makes several detailed representations about the health attributes of the Products on the front of the Product packages which lead reasonable consumers to believe the Products will foster their “good health” and not pose a safety risk to or potentially harm their health. According to the complaint, however, recent testing by the Environmental Working Group (EWG), a nonprofit organization dedicated to protecting human health and the environment, revealed that Defendant’s Products contain glyphosate. Glyphosate is one of the most widely used weed killing poisons in the United States. It is also sprayed on wheat, barley, and oats as a preharvest desiccant to dry the grain faster. Each year, more than 250 million pounds of glyphosate is sprayed on American crops, including wheat, barley, and oats just before they are harvested. Glyphosate adheres to the crops and Defendant’s cleansing process fails to remove the glyphosate residue.
The International Agency for Research on Cancer, part of the World Health Organization, has determined that glyphosate is likely carcinogenic to humans. Because it is a probable carcinogen with no nutritional value, the presence of any amount of glyphosate in the Products, no matter whether above or below regulatory limits, is material to reasonable consumers. No reasonable consumer would purchase the Products knowing that they contained glyphosate. This is particularly true given that there are numerous comparable products without glyphosate.
By failing to disclose that the Products contain or likely contain glyphosate and glyphosate is a probable carcinogen and continuing to sell the Products in packages omitting this information, Defendant has and continues to deceive and mislead consumers, including Plaintiff.