SACRAMENTO, Calif. (Legal Newsline) – A Kentucky woman is suing a cereal producer over claims the gluten free label on some of its products is misleading.

Jacklyn Haddix, individually and for all others similarly situated, filed a class-action lawsuit Dec. 18 in the Eastern District of California against General Mills, General Mills Sales, General Mills Operations, and Does 1-50, alleging unjust enrichment, breach of express warranty, negligence and violations of Kentucky and California consumer protection laws.

In September, General Mills began a campaign to advertise its gluten-free Cheerios, distributing this product throughout the U.S. with the gluten free designation placed prominently on the Cheerios boxes.

The suit states the Food and Drug Administration then received consumer reports of adverse reactions from people who had eaten gluten free-labeled Cheerios.

The FDA tested 36 samples of allegedly gluten-free Cheerios and found that certain samples contained gluten levels well above the mandated limit for products labeled gluten free. As a result, on Oct. 5, General Mills recalled 1.8 million boxes of Cheerios. Two days later, the company revealed finished product testing had not been performed on the recalled Cheerios, according to the suit.

Haddix and others in the class seek compensatory, exemplary, punitive, and statutory damages, plus return of purchase prices, interests, reimbursement, disgorgement, and attorney fees and costs, together to exceed $5 million. They are represented by attorney Tina Wolfson of Ahdoot & Wolfson in West Hollywood, California, and by attorneys Jasper D. Ward IV and Alex C. Davis of Jones Ward in Louisville, Kentucky.

Eastern District of California Case number 2:15-CV-02625-MCE-AC

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