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General Mills Sued Again Over Recalled 'Gluten-Free' Cheerios

Celiac.com 03/28/2016 - An Oregon man who claims to have celiac disease filed another proposed class action suit against General Mills in federal court recently.

Photo: CC--brad pThe company recalled nearly 2 million boxes of the cereal last year after what they claimed was a mistake at a local packaging plant. That recall incident has spurred several lawsuits already, which were covered in two previous articles, General Mills Sued Over Recalled Gluten-free Cheerios, and General Mills Sued Again, This Time for Misleading Labels on Gluten-free Cheerios.

In the latest suit, named plaintiff, Christopher Hamilton, of Marion County, Oregon, individually and for all others similarly situated, filed a class action lawsuit Feb. 29 in U.S. District Court for the District of Oregon Eugene Division against General Mills Inc. and General Mills Sales Inc., alleging violations of the Oregon Unlawful Trade Practices Act and consumer protection statutes in several states.

Hamilton's suit alleges that General Mills wrongly labels some of its Cheerios as "gluten free.” He claims he purchased a $15.98 twin pack of “gluten-free” original and honey nut-flavored varieties of Cheerios in late September from a Salem Costco that was later subject to recall.

The complaint states that a test sample of the purportedly gluten-free Cheerios contained 43 parts per million of gluten, which exceeds the 20 parts per million federal limit for a food product to be labeled as gluten free.

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