General Mills Cocoa Puffs Cereal Class Action Lawsuit Filed Over Toxic Lead Levels
General Mills faces a class action lawsuit alleging that the popular Cocoa Puffs cereal contains levels of lead that exceed safety limits, which could put children and other consumers at risk of lead poisoning.
The complaint (PDF) was filed by Mark Tob in the U.S. District Court for the Northern District of California on July 19, seeking class action status to pursue damages on behalf of consumers nationwide who have purchased Cocoa Puffs without being made aware of the high lead levels.
Lead Poisoning Risks
Lead is a toxic heavy metal that can cause permanent brain damage, nervous system injuries, cognitive impairment, physical disabilities, or other long-term health consequences. Children are particularly vulnerable to lead exposure, as they are still developing and do not usually show exposure signs or symptoms.
While short-term exposure can cause headaches, abdominal pain, headaches, vomiting, or other minor symptoms, longer exposure may result in more severe symptoms, including lethargy, muscular weakness, confusion, or tremors.
According to pediatricians, there is no safe lead exposure level for children, and any exposure may increase the risk of developing serious or permanent injuries, or even death.
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Children diagnosed with lead poisoning after exposure to peeling or chipping lead paint in a rental home may be entitled to financial compensation and benefits.
Learn More SEE IF YOU QUALIFY FOR COMPENSATIONTobin, of California, indicates in his lawsuit that independent laboratory testing has revealed that one cup (36 grams) of Cocoa Puff contain .432 micrograms (mcg) of lead. California’s Proposition 65, which regulates maximum allowable dose levels (MADL) for toxic chemicals in products sold in that state, sets a .5 mcg per day limit on lead.
Prop 65 requires companies doing business in California to warn consumers about potential exposure to lead and other chemicals linked to an increased risk of cancer, birth defects, or reproductive problems.
Although the amounts of lead in Cocoa Puff cereal was just below .5 mcg, Tobin’s lawsuit points out that most consumers eat far more than one cup per serving.
“According to a study conducted by Consumer Reports regarding Cereal Portion Control, 92% of survey participants exceeded the recommended serving size,” the lawsuit states. “Depending on the bowl size, consumers exceeded the serving size by between 24% and 132% for a non-dense cereal, such as the products.”
The lawsuit notes that the Cocoa Puffs lead contamination can result in typical consumers being exposed to anywhere from .532 mcg to .996 mcg of lead per bowl of cereal.
Tobin does not claim to be physically injured by consuming the cereal, but contends he and other consumers would not have purchased Cocoa Puffs if General Mills had been honest in revealing the lead exposure risks. He claims General Mills intentionally misled consumers about the lead content of the cereal in order to maximize profits at the expense of public safety.
The Cocoa Puffs class action lawsuit presents claims of unfair and unlawful business practices, deceptive advertising practices, and violations of the Consumer Legal Remedies Act of California.
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