'Gluten-Free' Cheerios Made People Sick, 9th. Circ. Told

By Emily Field (April 14, 2017, 4:18 PM EDT) -- A proposed class of consumers urged the Ninth Circuit to revive their suit against General Mills over supposedly gluten-free Cheerios that had been made with the wrong flour, saying that a lower court erred in concluding that a recall program made their claims baseless, and that the cereal had sickened consumers. 

Lead plaintiff Christopher Hamilton on April 12 told the panel that a refund program, by itself, doesn't moot a damages claim, as courts have held that a claim for restitution can be mooted by refund programs, but claims for damages and injunctive relief like his can't be.

"Indeed, in a...

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