Popular breakfast cereal Cocoa Puffs is facing accusations of having dangerously high levels of lead, according to two federal lawsuits seeking millions from its parent company General Mills.
The class action lawsuits were filed by consumers Mark Tobin of California and Dante Melendez and Destiny Morrisson of Minnesota. The plaintiffs seek a total of $5 million in damages for consumers who “would not have purchased and consumed [the cereal] had they known the truth about the products.”
In the California suit, the plaintiff alleges that one-cup serving of the cereal contains just under the state’s maximum limit of lead — 0.5 micrograms of the substance. In the Minnesota suit, the plaintiffs allege that “there is no known safe blood lead level, because even small amounts of lead can be harmful to a child’s developing brain,” based on evidence from the Center of Disease Control.
“Almost all consumers, however, substantially exceed the recommended serving size per bowl of cereal,” the lawsuit said.
The suit filed in Minnesota alleges the company failed to “disclose that the products could poison the consumer.”
General Mills said in a statement to Food Dive that is does not comment on pending litigation.
“Other manufacturers formulate, produce, and sell non- poisonous chocolate cereal and bars, which is evidence that this poisoning risk inherent with Defendant’s Products is demonstrably avoidable,” the complaint filed in Minnesota said.
The lawsuit follows a recent report from George Washington University researchers found that some U.S. cocoa products contain heavy metals that exceed food safety guidelines.
The study was based on research from 72 analyzed consumer cocoa products, including dark chocolate. The researchers studied the products for every other year over an eight year period for contamination with lead, cadmium, and arsenic — all heavy metals that pose a significant health hazard in sufficient amounts.
For the average consumer, the report said, consuming a single serving of these cocoa products may not pose significant health risks based on the median concentrations found.
But in the case of Cocoa Puffs, it may take even less than that.
Also in 2023, Consumer Reports found “concerning” levels of lead, cadmium, or both in 16 out of 48 chocolate products it tested, and specifically called out Hershey to reduce the amounts of heavy metals in its products.
But the discovery of heavy metals in chocolate has been going on for nearly a decade after As You Sow, a shareholder advocacy group, brought the issue into the forefront in 2014.
“Chocolate and cocoa are safe to eat and can be enjoyed as treats as they have been for centuries. Food safety and product quality remain our highest priorities and we remain dedicated to being transparent and socially responsible,” said Christopher Gindlesperger, senior vice president of public affairs and communications for the National Confectioners Association, in a statement sent to Food Dive.
This is not the first class action lawsuit for General Mills recently. In April, the company was accused of having high pesticide levels in its breakfast cereal staple Cheerios, but both suits were dropped soon after being filed, according to reporting from the Star Tribune.
Though food companies frequently face legality issues when it comes to labeling, it takes on a more serious meaning when the product is geared toward younger consumers, specifically children.
In June, Lesser Evil — a snacking company that labels itself as “better-for-you” — was found in a Consumer Reports study to have a “concerning” amount of lead in its Lil’ Puffs products which are also geared toward children.
