CALIFORNIA – California resident Mark Tobin filed a class action lawsuit, July 19, against Cocoa Puff’s maker General Mills for failing to disclose that the chocolate-flavored cereal contains – what he says is a substantial and dangerous amount of lead.
Tobin is seeking to represent California citizens who purchased the cereal in the state within the past four years. He says the claims of the proposed class members exceed $5 million.
Consumers substantially exceed the recommended serving size per bowl
According to the court document, Tobin had an independent testing and analysis conducted on the cereal.
He found that the amount of lead contained in an average-size bowl of Cocoa Puffs exceeds the California Proposition 65 Maximum Allowable Daily Level (MADL) of .5 mcg.
If a product contains chemicals above this level, a warning label must be provided.
“According to independent laboratory testing, the Products contain .432 mcg of lead per 1 cup (36 g) serving. Almost all consumers, however, substantially exceed the recommended serving size per bowl of cereal poured and, therefore, the amount of lead per bowl of the Products exceeds the MADL,” says the court document.
Tobin found that consumers exceeded the serving size by between 24% to 132% for a cereal such as Cocoa Puffs. This would equate to .532 mcg to .996 mcg of lead per serving – up to double the MADL.
Lead is harmful to adults and children
The lawsuit says General Mills fails to disclose the presence of lead in Cocoa Puffs, in any amount.
“Lead affects almost every organ and system in the body and accumulates in the body over time, leading to severe health risks and toxicity, including inhibiting neurological function, anemia, kidney damage, seizures, and in extreme cases, coma and death,” says the court document.
Tobin goes on to say that lead exposure and accumulation is particularly dangerous to children – General Mills’ target market for Cocoa Puffs.
He says scientific evidence suggests that there is no known safe blood lead level (BLL), because even small amounts of lead can be harmful to a child’s developing brain.
Tobin is demanding a jury trial and asking the court to declare if a law has been violated. He also wants the court to order General Mills to stop the misconduct, and provide financial compensation to himself and all members of the class.
Tobin is represented by Naomi B. Spector of Kamberlaw, LLP.
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