Celiac.com 12/09/2015 - Less than a month after General Mills announced a recall of nearly two million boxes of gluten-free Cheerios and Honey Nut Cheerios, the company is facing a class action lawsuit alleging it violated several consumer protection laws, and put consumers at risk.

Photo: CC--Bryce Mohan The complaint, filed in the eastern district of California on October 30 by plaintiffs Keri van Lengen and Deborah Nava against General Mills and Roxanne Ornelas (manufacturing manager at Gen Mill's Lodi plant), accuses General Mills of selling misbranded products; in this case, cereals advertised as gluten-free which actually contained gluten.

It adds: "Plaintiffs and Class Members have all suffered and will continue to suffer harm and damages as a result of Defendants' unlawful and wrongful conduct."

For the company's part, it states in a blog post published on October 5, by Jim Murphy, senior vice president and president of the Cereal division at General Mills, that:

"Our Lodi production facility lost rail service for a time and our gluten-free oat flour was being off-loaded from rail cars to trucks for delivery to our facility on the dates in question. In an isolated incident involving purely human error, wheat flour was inadvertently introduced into our gluten-free oat flour system at Lodi. That error resulted in an undeclared allergen – wheat – being present in products labeled as gluten free at levels above the FDA gluten-free standard."

Murphy went on to reassure consumers that the company's oat supply was safe, and that their gluten-free flours are pure.

The post goes on to assure consumers that the company "tested our oat supply on these dates – and the oat supply tested as gluten free. We also tested the specific oat flour being used at Lodi – and our oat flour supply also tested as gluten free on the dates in question."

The post closes by noting that General Mills is testing all finished product…[and has] instituted additional flour handling protocols at all facilities to ensure this will not happen again.

Stay tuned for new developments or related news on gluten-free products from Cheerios or General Mills.


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