Cocoa Puffs, one of the most popular breakfast cereals for children, is being accused of having dangerously high levels of lead.
A pair of class-action lawsuits, filed in Minnesota and California, are seeking over $5 million in damages for consumers who "would not have purchased and consumed [the cereal] had they known the truth about the products."
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The California suit, filed by Mike Tobin, alleges a one-cup serving of the cereal contains just under the state's maximum limit of lead — 0.5 micrograms. The suit claims most consumers, however, pour well beyond that amount into their bowls.
"Depending on bowl size, consumers exceeded the serving size by between 24% to 132%," the lawsuit notes. "Even at 24% more than the serving size, the Products contain .532 mcg of lead and exceed the [Maximum Allowable Daily Level]. At 132% more, the Products contain .996 mcg of lead per serving, or double the MALD."
The Minnesota suit, filed by Dante Melendez and Destiny Morrison, alleges the company failed to "disclose that the products could poison the consumer."
The Center for Disease Control maintains that there is no safe level of lead for children. Even low levels of lead in blood are associated with developmental delays, difficulty learning and behavioral issues, according to the CDC. The effects of lead poisoning can be permanent and disabling.
The lawsuits concerningly point out that General Mills "specifically and intentionally targets children in its marketing and advertising" of Cocoa Puffs. The cereal's mascot, a talking Cuckoo bird named Sonny, was introduced in 1962 and has been going "cuckoo for Cocoa Puffs" ever since.
"Defendant has an independent duty to disclose the lead in the Products based on the health risk associated with consuming the Products and/or because the Products are unfit for human consumption — and particularly unfit for children," the California lawsuit states.
The lawsuits note that General Mills makes other disclosures on the cereal box, including that it "may contain wheat ingredients" and "contains bioengineered food ingredients." It's also promoted as a "cereal that the whole family will love," with "no high fructose corn syrup, colors from artificial sources, or artificial flavors."
"These Disclosures reasonably lead consumers to believe that the potentially negative aspects of the Products have been disclosed, when in fact, Defendant fails to warn consumers that the Products contain lead," the California lawsuit claims. The other lawsuit adds that "no reasonable consumer would expect the Products, a chocolate cereal and/or bar, to contain lead."
General Mills declined to comment on the lawsuit, saying it does not talk about pending litigation.
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