In a pair of class action lawsuits from California and Minnesota, plaintiffs are seeking $5 million in damages from the company.
Popular breakfast cereal Cocoa Puffs is facing allegations of containing dangerously high levels of lead, according to two federal lawsuits demanding millions from its parent company, General Mills.
The class action lawsuits were filed by consumers Mark Tobin of California and Dante Melendez and Destiny Morrisson of Minnesota. The plaintiffs are seeking a total of $5 million in damages for consumers who “would not have purchased and consumed [the cereal] had they known the truth about the products.”
In the California suit, the plaintiff alleges that a one-cup serving of the cereal contains just under the state’s maximum limit of lead — 0.5 micrograms of the substance. In the Minnesota suit, the plaintiffs claim that “there is no known safe blood lead level because even small amounts of lead can be harmful to a child’s developing brain,” based on evidence from the Centers for Disease Control and Prevention.
“Almost all consumers, however, substantially exceed the recommended serving size per bowl of cereal,” the lawsuit states.
The suit filed in Minnesota alleges the company failed to “disclose that the products could poison the consumer.”
General Mills stated to Food Future that it does not comment on pending litigation.
“Other manufacturers formulate, produce, and sell non-poisonous chocolate cereal and bars, which is evidence that this poisoning risk inherent with Defendant’s Products is demonstrably avoidable,” the complaint filed in Minnesota asserts.
The lawsuit follows a recent report from George Washington University researchers, which found that some U.S. cocoa products contain heavy metals that exceed food safety guidelines.
The study was based on research from 72 analysed consumer cocoa products, including dark chocolate. The researchers studied the products every other year over an eight-year period for contamination with lead, cadmium, and arsenic — all heavy metals that pose a significant health hazard in sufficient amounts.
For the average consumer, the report stated, consuming a single serving of these cocoa products may not pose significant health risks based on the median concentrations found.
But in the case of Cocoa Puffs, it may take even less than that.
Also in 2023, Consumer Reports found “concerning” levels of lead, cadmium, or both in 16 out of 48 chocolate products it tested and specifically called on Hershey to reduce the amounts of heavy metals in its products.
However, the discovery of heavy metals in chocolate has been ongoing for nearly a decade after As You Sow, a shareholder advocacy group, brought the issue to the forefront in 2014.
“Chocolate and cocoa are safe to eat and can be enjoyed as treats as they have been for centuries. Food safety and product quality remain our highest priorities, and we remain dedicated to being transparent and socially responsible,” said Christopher Gindlesperger, senior vice president of public affairs and communications for the National Confectioners Association, in a statement to Food Future.