Kellogg’s named in class action lawsuit over glyphosate residue breakfast products

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.

COMPLAINT

Kellogg named in class action lawsuit over sale of cookies containing partially hydrogenated oil

Kellogg

 

Kellogg manufactures, distributes, and sells a variety of cookie products under the brand name Mother’s Cookies (the “Trans Fat Cookies” or “TF Cookies”), which contain or contained partially hydrogenated oil (“PHO”). PHO is a food additive banned in many parts of the world due to its artificial trans fat content. Artificial trans fat is a toxin and carcinogen for which there are many safe and commercially viable substitutes.

On June 17, 2015, the FDA determined that PHO is unsafe for use in food. Final Determination Regarding Partially Hydrogenated Oils, 80 Fed. Reg. 34650 (June 17, 2015) (hereinafter “FDA Final PHO Determination”). Yet Kellogg continues to incorporate this illegal, dangerous additive into the Trans Fat Cookies, even after the FDA tentatively, and then finally declared it unsafe for use in food, rendering products made with PHO unlawful and adulterated.

As alleged, although safe, low-cost, and commercially acceptable alternatives to PHO exist, including those used in competing brands, Defendant unfairly elects not to use these safe alternatives in the Trans Fat Cookies in order to increase profit at the expense of the health of consumers.

This action is brought to remedy Defendant’s unfair and unlawful conduct. Plaintiff seeks an order compelling Defendant to (1) cease using artificial trans fat as an ingredient in the Trans Fat Cookies; (2) award Plaintiff and the Class members restitution, actual damages, and punitive damages to the extent permitted under the law; and (3) pay costs, expenses, and reasonable attorneys’ fees.

Court certifies class action lawsuit against Bear Naked and Kashi over products falsely advertised as “all natural” and “nothing artificial”

The actions were original brought on behalf of nationwide Classes of persons who purchased Kashi  and Bear Naked food products containing synthetic and/or artificial ingredients, including but not limited to one or more of the following: Ascorbic Acid, Calcium Pantothenate, Calcium Phosphates, Glycerin, Hexane-Processed Soy Ingredients, Potassium Bicarbonate, Potassium Carbonate (a/k/a Cocoa processed with Alkali), Pyridoxine Hydrochloride, Sodium Acid Pyrophosphate, Sodium Citrate, Sodium Phosphates, Tocopherols, and Xanthan Gum.

Since at least 2007, Defendants have packaged, marketed, distributed and sold food products as being “All Natural” or “Nothing Artificial,” despite the fact the food products contain between one (1) and seven (7) of the aforementioned ingredients

After law and motion work, the Court certified the following classes:

All California residents who purchased Kashi Company’s food products on or after August 24, 2007 in the State of California that were labeled “Nothing Artificial” but which contained one or more of the following ingredients: Pyridoxine Hydrochloride, Alpha-Tocopherol Acetate and/or Hexane-Processed Soy ingredients.

California “All Natural” Class: All California residents who purchased Kashi Company’s food products on or after August 24, 2007 in the State of California that were labeled “All Natural” but which contained one or more of the following ingredients: Pyridoxine Hydrochloride, Calcium Pantothenate and/or Hexane-Processed Soy ingredients.

All California residents who purchased Bear Naked, Inc.’s food products on or after September 21, 2007 in the State of California that were labeled “100% Pure & Natural” or “100% Natural” but which contained Hexane- Processed Soy Ingredients. The Court excludes from the class anyone with a conflict of interest in this matter.

The Kashi/Bear Naked products include the following:

Kashi “All Natural” Class

Grain Waffles:

Berry Blossoms Cereal.

Blueberry Waffles

Caribbean Carnival Stone-Fired Thin Crust Pizza

Chicken Florentine Entrée

Chicken Pasta Pomodoro Entré

Cocoa Beach Granol

GOLEAN® Blueberry Waffles

GOLEAN® Chewy Chocolate Almond Toffee Protein & Fiber Bars

GOLEAN® Chewy Cookies ‘N Cream Protein & Fiber Bars

GOLEAN® Chewy Malted Chocolate Crisp Protein & Fiber Bars

GOLEAN® Chewy Oatmeal Raisin Cookie Protein & Fiber Bars

GOLEAN® Chewy Peanut Butter & Chocolate Protein & Fiber Bars

GOLEAN® Chocolate Malted Crisp Protein & Fiber Bars: Glycerin

GOLEAN® Chocolate Shake

GOLEAN® Creamy Instant Hot Cereal Truly Vanilla

GOLEAN® Crisp! Toasted Berry Crumble Cereal

GOLEAN® Crunch! Honey Almond Flax Cereal

GOLEAN® Crunchy! Chocolate Almond Protein & Fiber Bars

GOLEAN® Crunchy! Chocolate Caramel Protein & Fiber Bars

GOLEAN® Crunchy! Chocolate Peanut Protein & Fiber Bars

GOLEAN® Crunchy! Chocolate Pretzel Protein & Fiber Bars

GOLEAN® Crunchy! Cinnamon Coffee Cake Protein & Fiber Bars

GOLEAN® Hearty Instant Hot Cereal with Clusters Honey & Cinnamon

GOLEAN® Oatmeal Raisin Protein & Fiber Bars

GOLEAN® Original 7 Grain Waffles

GOLEAN® Peanut Butter & Chocolate Protein & Fiber Bars

GOLEAN® Roll! Caramel Peanut Protein & Fiber Bars

GOLEAN® Roll! Chocolate Peanut Protein & Fiber Bars

GOLEAN® Roll! Chocolate Turtle Protein & Fiber Bars

GOLEAN® Roll! Fudge Sundae Protein & Fiber Bars

GOLEAN® Roll! Oatmeal Walnut Protein & Fiber Bars

GOLEAN® Strawberry Flax Waffles

GOLEAN® Vanilla Shake Mix

Honey Sunshine Cereal

Lemongrass Coconut Chicken Entrée

Mayan Harvest Bake Entrée

Mountain Medley Granola

Pesto Pasta Primavera Entrée

Southwest Style Chicken Entrée

Spicy Black Bean Enchilada Entrée

Summer Berry Granola

TLC Baked Apple Spice Soft-Baked Cereal Bars

TLC Blackberry Graham Soft-Baked Cereal Bars

TLC Cherry Dark Chocolate Chewy Granola Bars

TLC Cherry Vanilla Soft-Baked Cereal Bars

TLC Country Cheddar Cheese Crackers

TLC Cranberry Walnut Fruit & Grain Bars

TLC Dark Chocolate Coconut Fruit & Grain Bars

Dark Chocolate Coconut Layered Granola Bar

TLC Dark Mocha Almond Chewy Granola Bars

TLC Happy Trail Mix Chewy Cookies

TLC Honey Almond Flax Chewy Granola Bars

TLC Honey Sesame Snack Crackers

TLC Honey Toasted 7 Grain Crunchy Granola Bars

TLC Oatmeal Dark Chocolate Chewy Cookies

TLC Oatmeal Raisin Flax Chewy Cookies

TLC Original 7 Grain With Sea Salt Pita Crisps

TLC Peanut Peanut Butter Chewy Granola Bars

TLC Peanutty Dark Chocolate Layered Granola Bars

TLC Pumpkin Pecan Fruit & Grain Bars

TLC Pumpkin Pecan Layered Granola Bars

TLC Pumpkin Pie Fruit & Grain Bars

TLC Pumpkin Spice Flax Crunchy Granola Bars

TLC Raspberry Chocolate Fruit & Grain Bars

TLC Ripe Strawberry Soft-Baked Cereal Bars

TLC Roasted Almond Crunch Crunchy Granola Bars

TLC Trail Mix Chewy Granola Bars

TLC Zesty Salsa Pita Crisps

Tuscan Veggie Bake Entrée

 

Kashi Nothing Artificial Class

Heart to Heart Honey Oat Waffles

Heart to Heart Honey Toasted Oat Cereal

Heart to Heart Instant Oatmeal Apple Cinnamon

Heart to Heart Instant Oatmeal Golden Maple

Heart to Heart Instant Oatmeal Raisin Spice

Heart to Heart Oat Flakes & Blueberry Clusters Cereal

Heart to Heart Oat Flakes & Wild Blueberry Clusters Cereal

Heart to Heart Roasted Garlic Whole Grain Crackers

Heart to Heart Warm Cinnamon Oat Cereal

Heart to Heart Original Whole Grain Crackers

 

Bear Naked All Natural Class

Bear Naked Heavenly Chocolate Granola:

Bear Naked Peak Protein Original Granola:

Bear Naked Peak Energy Cranberry Almond Trail Mix:

Bear Naked Peak Energy Chocolate Cherry Trail Mix:

Bear Naked Soft-Baked Fruit & Nut Granola Cookies

Bear Naked Soft-Baked Double Chocolate Granola Cookie:

 

The certification was on behalf of a California class leaving consumers in other states unaffected by the ruling.  If you are a non-California resident that purchased one of the above items and would like to know more about your legal rights in this matter, please contact us directly using the inquiry box below.

Kellogg named in class action over sale of Kashi products containing evaporated cane juice or evaporated cane juice syrup

Plaintiffs bring this action on behalf of themselves and a nationwide class of consumers who purchased Kashi products either (a) labeled with the ingredient “evaporated cane juice”; or (b) labeled with the ingredient “evaporated cane juice syrup” from October 1, 2009 to the present (the “Class”).

According to the Complaint, Defendant’s product labeling fails to accurately identify the ingredients in its products. “Sugar” is clearly disguised in many of Kashi’s products as “evaporated cane juice” or “evaporated cane juice crystals.” Evaporated cane juice is misleading because (as the FDA made clear) it is not juice and is not a common name for any ingredient under federal or state law.

 As alleged, in violation of federal and New Jersey law, Kashi fails to disclose that “evaporated cane juice” is not, in fact, juice and, in its commonly understood term, is “sugar,” and that the ingredient is still considered to be a processed sugar (though less processed than typical white sugar). Nearly all of Kashi’s products labels list “evaporated cane juice” as an ingredient despite the fact that the FDA has specifically warned companies not to use the term because it is “false and misleading,” is not “the common or usual name of any type of sweetener,” and the ingredient is not, in fact, juice.