LOS ANGELES (Legal Newsline) – Two individuals are suing General Mills alleging that they were misled about the amount of two brands of cereal.
Ian Gabriel and Sharon Manier, on behalf of themselves and others similarly situated, filed a complaint on Sept. 26 in the U.S. District Court for the Central District of California against General Mills alleging violations of the California Consumer Legal Remedies Act, violation of the California Unfair Competition Law, violation of California's False Advertising Law and common law fraud.
The suit concerns 11.7-ounce boxes of Golden Grahams and 10.8-ounce and 15.4-ounce boxes of Honey Nut Cheerios cereals. The plaintiffs allege the defendants package cereals in non-transparent cardboard boxes with excessive empty space.
Gabriel alleges he purchased a box of Golden Grahams for $2.99 and that the box of cereal he purchased contained approximately 31 percent slack-fill. He alleges he was financially injured because paid to receive a box of cereal that was functionally full, meaning a box that contained only a minimal amount of functional slack-fill.
Manier alleges she purchased a box of Honey Nut Cheerios that also contained approximately 31 percent slack-fill.
The plaintiffs are seeking a trial by jury, attorneys' fees, court costs, interest and just relief. They are represented by C.K. Lee of Lee Litigation Group PLLC in New York, New York and Ted K. Lippincott of Levine & Blitt LLP in Los Angeles.
U.S. District Court for the Central District of California case number 2:19-CV-08339