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Legal spat with cereal maker consolidated in NJ court
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By João-Pierre Ruth
10/16/2009
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The U.S. District Court District of New Jersey in Newark will be the legal arena for a consolidated class action suit against consumer food maker General Mills Inc.

Transfer orders were issued this week, according to court documents, centralizing the multi-plaintiff litigation into one jurisdiction.

According to the lawsuit, Edward Myers, et. al. v. General Mills Inc., the plaintiffs claim the labeling for Cheerios brand cereal makes unauthorized statements about cholesterol reduction.

The Food and Drug Administration issued a warning in May to General Mills concerning its product labeling and other statements. The plaintiffs assert Cheerios was promoted for use in the prevention and treatment of disease, which would make it a drug.

In May, General Mills said in a statement it was in talks with the FDA to resolve the product labeling matter. The company also issued a response to the warning letter.

Myers and fellow plaintiff Elsa Acevedo are residents of Hudson County. According to court documents, more than 100 plaintiffs across country joined the litigation.

The plaintiffs claim they were misled to believe Cheerios had drug-quality properties to reduce their cholesterol levels. The plaintiffs are seeking in excess of $5 million in relief from General Mills. Calls to attorneys for the defendants and plaintiffs were not immediately returned.

E-mail Joăo-Pierre Ruth at jpruth@njbiz.com

Follow me on Twitter @jpruth

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