Class Action Complaint filed October 30, 2015 in US District Court against General Mills (“Gluten-Free” Cheerios & Honey Nut Cheerios)

Class Action Complaint filed October 30, 2015 in US District Court against General Mills (“Gluten-Free” Cheerios & Honey Nut Cheerios)

Contact information:

C. Brooks Cutter, Esq., (SBN 121407)
John R. Parker, Jr., Esq. (SBN 257761)
CUTTER LAW P.C.
401 Watt Avenue
Sacramento, CA 95864
Telephone: (916) 290-9400
Facsimile: (916) 669-4499
bcutter@cutterlaw.com
jparker@cutterlaw.com

Permission has been granted to post the complaint. To view click Complaint.

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Comments (8)

  • Katy
    Reply

    I’m glad General Mills is being held accountable. What are people who bought Gluten-Free Cheerios supposed to do? Are we supposed to contact these attorneys?

    October 31, 2015 at 8:02 pm
    • Tricia Thompson Reply

      Yes, please contact the attorneys for more information.

      October 31, 2015 at 8:29 pm
  • Katy Reply

    Tricia, I did call the attorneys and got a bit of a confusing response. The person I spoke to didn’t seem totally clear on what they were looking for in members of the class. He seemed to say that you had to have a recalled box of gluten-free Cheerios and you had to have formal documentation of getting sick.

    It appeared to me that the lawsuit more concerned anybody who bought gluten-free Cheerios under false pretenses.

    I tried to give the man several hints on how to spread the word on the lawsuit but I’m not sure he really understood me. I suggested that they call the Celiac Support Association, who could spread the info to their member celiac support groups all over the USA. I also suggested that they look up celiac/gluten-free bloggers on the Web and let all of the blogs know about the lawsuit because I’m sure most of them would be happy to publish info about the lawsuit on their blogs.

    Also, I saw many descriptions of terrible illness from gluten-free Cheerios in the comments section of the General Mills Web site in response to the open letter that General Mills had published about what had happened with the recall. I’m not sure if the comments are still there, but this man said that the only way that somebody can be part of the class action lawsuit is if they actually contact the law firm. He seemed to be indicating that they can’t go looking for victims of gluten-free Cheerios and that the victims have to come to them.

    This is not my area of expertise but I did want to share what I had been told.

    November 2, 2015 at 5:40 pm
    • Tricia Thompson Reply

      Hi Katy,

      From what I understand the Class Action Complaint pertains to those individuals who purchased recalled lots of Cheerios. Also from what I understand (I am not an attorney), reputable attorneys do not contact potential plaintiffs. Potential plaintiffs have to contact the attorney. Let me look into this a bit more…

      November 2, 2015 at 5:58 pm
  • Tricia Thompson Reply

    Additional information:

    The Class is defined as: “The potential Class in the gluten free Cheerios class action lawsuit would include any individuals who purchased Cheerios or Honey Nut Cheerios that were advertised as gluten free but actually contained gluten. The boxes of cereal in question allegedly represent about 1 percent of all cereal packages marked with “gluten free” on the label.”

    In other words, the Class will be comprised of those who purchased boxes from the recalled lots.

    http://topclassactions.com/lawsuit-settlements/lawsuit-news/222473-false-ad-class-action-filed-over-gluten-free-cheerios/

    November 3, 2015 at 10:17 pm
  • Kelli Pinkerton Reply

    We have two boxes from the recalled lots and my gluten free daughters were sick for a week.

    November 4, 2015 at 9:47 pm
  • Jonathan Hartley Reply

    I’m newly diagnosed Celiac, so forgive my naivety, but doesn’t a class action suit mean that in future, manufacturers will be discouraged from producing gluten free lines? It’s not yet clear to me that it’s beneficial, overall.

    November 19, 2015 at 8:00 pm
    • Tricia Thompson Reply

      Hi Jonathan, Sometimes a class action suit can help set industry standards. In the case of oats cleaned via mechanical/optical sorting to be gluten-free, this may be a good thing.

      November 19, 2015 at 8:04 pm

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