Lawsuit Claims Kix Cereal Isn’t “All Natural”

Contending that the genetically modified (GM) corn in General Mills’ Kix
Crispy Corn Puffs® and Honey Kix Crispy Corn Puffs® cereals renders their
“All Natural Corn” representations false and misleading, a California resident
has filed a putative class action against the company in state court. Lewis v.
General Mills, Inc., No. BC472451 (Cal. Super. Ct., Los Angeles Cty., filed
October 28, 2011). Citing the Cornucopia Institute’s “Cereal Crimes” report,
and testing purportedly showing that Kix contains GM corn, the plaintiff seeks
to certify a nationwide class of consumers who allegedly relied on the “All
Natural” representations, as well as other company indicia of wholesomeness,
to purchase products at a premium price and were denied the benefit of their
bargain.

According to the plaintiff, companies that produce GM crops note that that
their genetic makeup has been “altered to exhibit traits that are not naturally
theirs,” and the World Health Organization defines GM organisms as those
“in which the genetic material (DNA) has been altered in a way that does
not occur naturally.” Thus, claims the plaintiff, cereal containing GM corn is
unnatural, and the defendant misleads consumers by promoting Kix cereals
as natural. Alleging unlawful, unfair and fraudulent business practices under
California law, misleading, deceptive and untrue advertising, violation of
the state’s Consumers Legal Remedies Act, breaches of express and implied
warranties, deceit and misrepresentation, and unjust enrichment, the plaintiff
seeks declaratory and injunctive relief, restitution and disgorgement,
compensatory and punitive damages, interest, and costs.