SAN JOSE – A consumer has filed a class-action lawsuit against cereal makers alleging that they falsely advertise their products as 100 percent natural whole-grain wheat.
Andy Wu filed a complaint on behalf of all others similarly situated on June 20 in the U.S. District Court for the Northern District of California, San Jose Division against Post Foods LLC and Post Holdings Inc. alleging unfair and deceptive acts and practices, violation of the state's False Advertising Law and other counts.
According to the complaint, the plaintiff alleges that he was damaged as a result of being misled into purchasing Post Shredded Wheat products that were advertised as 100 percent natural, but upon inspection, the products do not meet those claims. The plaintiff holds Post Foods LLC and Post Holdings Inc. responsible because the defendants allegedly advertise their products to contain 100 percent whole-grain wheat but they contain glyphosate, a synthetic biocide used as a drying agent on wheat before harvest.
The plaintiff requests a trial by jury and seeks order to correctly advertise the product including a recall, restitution, disgorgement and any other monetary damages plus interest, all damages, all legal fees and any other relief as the court deems just. He is represented by Michael F. Ram of Ram, Olson, Cereghino & Kopczynski LLP in San Francisco and Beth E. Terrell and Erika L. Nusser of Terrell Marshall Law Group PLLC in Seattle.
U.S. District Court for the Northern District of California, San Jose Division Case number 3:16-cv-03494