Putative Class Claims Nature Valley “100% Natural” Products Are Not All Natural
New York and New Jersey residents have filed a putative nationwide class
action with two statewide subclasses against General Mills, Inc. in a Minnesota
federal court, alleging that the company has violated federal and state
consumer fraud laws by marketing its Nature Valley snack bars as “100%
Natural” when they contain high-fructose corn syrup and other non-natural
ingredients. Chin v. General Mills, Inc., No. 12-2150 (D. Minn., filed August 31, 2012).
The plaintiffs also allege that the products contain highly processed high-maltose corn syrup and the texturizer maltodextrin. They allege that they relied on the company’s marketing and advertising and purchased its products “believing them to be 100% natural,” but sustained “injury in fact and lost money as a result of General Mills having misrepresented the Nature Valley Products.” According to the complaint, General Mills incorporates the “100% Natural” claim into its primary branding of the Nature Valley products and “has gone so far as to have applied for and received a registered trademark for the phrase ‘NATURE VALLEY 100% NATURAL’.”
Seeking in excess of $5 million damages, the plaintiffs allege violation of the Magnuson-Moss Act; unjust enrichment; breaches of express warranty and implied warranty of merchantability; fraudulent misrepresentation; and violations of Minnesota, New York and New Jersey consumer fraud laws. They also seek an order declaring that the company violates these statutes; compensatory, treble and punitive damages; interest; restitution; attorney’s fees; and costs.
