Cocoa Puffs chocolate-flavored cereal contains dangerous levels of lead that pose a threat to consumers' health, according to a federal class action lawsuit alleging General Mills engaged in unlawful business practices by marketing the product.
Plaintiff Mark Tobin, a Concord resident, filed the lawsuit July 19 in the Northern District of California, arguing that independent testing shows an average-sized bowl of Cocoa Puffs contains lead levels exceeding the maximum allowed by California’s Proposition 65. His attorney, Naomi Spector of Kamberlaw LLP in San Diego County, said in the complaint that the proposed class action was not advanced pursuant to Proposition 65 but is based on other state consumer laws, including the California Business & Professions Code.
“There is no safe level of lead for children,” the lawsuit states. “According to the Centers for Disease Control and Prevention … ‘even low levels cause harm.’ Defendant specifically and intentionally targets children in its marketing and advertising of the products. Defendant knows or should have known that the products contain lead.”
In addition, the lawsuit references a Consumer Reports study investigating cereal portions which found that 92% of participants ate more than the recommended serving size.
General Mills did not comment on the specifics of the case, but the company stressed its commitment to the healthfulness of its products.
"All our products adhere to all regulatory requirements," the company said in an email to the Southern California Record. "Food safety is always our top priority at General Mills, and we take care to ensure our food is prepared and packaged in the safest way possible."
A lawsuit similar to the one filed in California was filed last month in Minnesota, where General Mills is based.
The filings come as new research has raised questions about heavy metal content in cocoa products marketed in the U.S. A study from George Washington University that was published on July 31 found that 43% of the 72 consumer cocoa products analyzed over an eight-year period exceeded maximum allowable dose levels for lead.
And more than a third of the cocoa products studied by university researchers exceed the maximum level for cadmium, the study found. But researchers also said that average consumers of cocoa products who eat only one serving of such products may not face significant risks.
“However, consuming multiple servings or combining consumption with other sources of heavy metals could lead to exposures that exceed the maximum allowable dose level,” a university description of the study states.
The National Confectioners Association has criticized news coverage of the George Washington University study, saying that many of the news stories lack context and leave consumers with unanswered questions.
“First, chocolate and cocoa are safe to eat and can be enjoyed as treats as they have been for centuries,” the association said in a statement. “Food safety and product quality remain our highest priorities, and we remain dedicated to being transparent and socially responsible.”
California’s Proposition 65, a labeling law, should not be considered the equivalent of a scientific analysis of food safety, according to the association.
“Plaintiff and class members have suffered economic injury based on their purchase of the products, which they would not have bought had they known that the products contain lead,” the federal lawsuit filed in California states.
The class contains more than 100 members, and total damages exceed $5 million, according to the complaint. The plaintiff is seeking an order concluding that General Mills violated consumer laws, compensatory and monetary damages, punitive damages, and reimbursement of attorney fees and court costs.