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Consumer alleges Kellogg fails to disclose two products contain or likely contain herbicide

By Jenie Mallari-Torres | Dec 19, 2018

SAN DIEGO (Legal Newsline) – A San Diego consumer alleges Kellogg Co. fails to disclose on two products that they contain or likely contain an herbicide.

Mason Kien filed a complaint on behalf of himself and all others similarly situated on Dec. 7 in the U.S. District Court for the Southern District of California against Kellogg Co. alleging violation of the Unfair Competition Law and the Consumers Legal Remedies Act.

According to the complaint, the suit concerns the defendant's Nutrigrain Soft Baked Breakfast Bars - Strawberry and Kellogg’s Cracklin’ Oat Bran oat cereal. The plaintiff alleges that the defendant uses representations about the health attributes of these products on the packages and that these representations "lead reasonable consumers to believe the products will foster their 'good health' and not pose a safety risk to or potentially harm their health."

The plaintiff cites testing done by the Environmental Working Group that claims the defendant's products contain herbicide glyphosate. He alleges that the defendant does not disclose the information that the products contain or likely contain glyphosate and that the health representations on the products are false. 

The plaintiff requests a trial by jury and seeks judgment against defendant, certify class action, declaratory relief, restitution and disgorgement of defendant’s revenues, attorneys’ fees and costs, and further relief as may be just and proper. The plaintiff is represented by Patricia N. Syverson and Manfred P. Muecke of Bonnett, Fairbourn, Friedman & Balint PC in San Diego, California; Elaine A. Ryan and Carrie A. Laliberte of Bonnett, Fairbourn, Friedman & Balint PC in Phoenix, Arizona; and by attorneys of Siprut PC in Chicago, Illinois.

U.S. District Court for the Southern District of California case number 3:18-cv-02759

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