Santa Clara, CA: Post Foods, makers of Shredded Wheat cereal, is facing a consumer fraud class action lawsuit over its use of the word “natural” to describe the product. The lawsuit claims the use of the word is false, deceptive, and misleading.
Filled by Andy Wu of California, the lawsuit asserts that Post claims Shredded Wheat is “100% Natural”, however the food allegedly contains a chemical called glyphosate.
Glyphosate, the suit states, is a widely used herbicide that most Americans would recognize as the primary ingredient in Roundup weed killer. It has been deemed “probably carcinogenic to humans” by the World Health Organization.
According to a similar class action filed against the makers of Shredded Wheat, by The Organic Consumers Association, tests conducted in a lab in California revealed that glyphosate was found in Shredded Wheat samples.
The tests showed that the Shredded Wheat samples contained 0.18 parts per million, below the limit set by the U.S. Environmental Protection Agency’s for herbicide in cereal of 30 parts per million.
The complaint states that “there is nothing unlawful about Shredded Wheat’s growing and processing methods.” However, Wu asserts that its use of the word “natural” is, claiming that he was willing to pay more for this cereal because he “expected it to be pesticide-free.”
Plaintiffs are represented by Michael F. Ram of Ram, Olson, Cereghino & Kopczynski, LLP; and Beth E. Terrell and Erika L. Nusser of Terrell Marshall Law Group PLLC.
The case is Andy Wu v. Post Foods LLC and Post Holdings Inc., Case No. 4:16-cv-03494, in the U.S. District Court for the Northern District of California, San Jose Division.
