Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Undisclosed herbicide alleged to be an ingredient of Post Shredded Wheat, (Jun 24, 2016)
Law Firms Mentioned:The Richman Law Group
Organizations Mentioned:Post Foods, LLC | Post Holdings, Inc. | Richman Law Group
By Edward L. Puzzo, J.D.
Post Shredded Wheat cereals are falsely labeled as “100% Natural Whole Grain Wheat” because they do not disclose that the products contain the herbicide glyphosate, according to a complaint filed in the federal district court in Brooklyn, New York (Stephenson v. Post Foods, LLC, June 22, 2016).
Robert Stephenson brought a putative class action against ready-to-eat cereal manufacturer Post Foods, alleging that the labeling for its Post Shredded Wheat products was false and deceptive. The labeling, it is alleged, states “100% Natural Whole Grain Wheat” and the only ingredient listed is "Whole Grain Wheat," but in fact the product also contains the herbicide glyphosate, it is alleged. Glyphosate, marketed under the brand-name "Roundup," is a probable human carcinogen, suspected human endocrine disruptor, and suspected human immune function disruptor, it is alleged. It is not natural, nor an inherent part of whole grain wheat.
The complaint alleges that, as a result of Post's false and misleading representations on its labeling, members of the class paid more for a “100% Natural Whole Grain Wheat” product than they would have if the product had disclosed the presence of glyphosate, and suffered "injury in fact" as a result of Post's wrongful conduct. The putative class action is brought on behalf of all purchasers of Post Shredded Wheat products from a retailer in the United States from the beginning of the applicable limitations period through the date of class certification. The action is brought under New York state laws prohibiting mislabeling and false advertising, and seeks restitution, refunds, disgorgement and other monetary damages, as well as injunctive relief and putative damages.
The case is Civil Action No. 1:16-cv-03396-AMD-ST.
Attorneys: Kim E. Richman (The Richman Law Group) for Robert Stephenson.
Companies: Post Foods, LLC; Post Holdings, Inc.
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