• Report: #95483

Complaint Review: General Mills Cereals - Frosted Cheerios - The Cavanaugh Law Firm

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  • Submitted: Fri, June 18, 2004
  • Updated: Wed, July 07, 2004

  • Reported By:Chandler Arizona
General Mills Cereals - Frosted Cheerios - The Cavanaugh Law Firm
General Offices Minneapolis, Minnesota U.S.A.

General Mills Cereals, LLC - Frosted Cheerios and The Cavanaugh Law Firm Of Phoenix, Arizona ripoff!Endangerment to families and children. Nationwide

*Consumer Suggestion: Sorry: I didn't have the whole story.

*Consumer Comment: Actual damage? Corporate Shill or Attorney Runs Interference?!

*Author of original report: Clarification about my situation - This has made my PTSD worse.

*Consumer Comment: Actual damage: ZERO

*Consumer Comment: Actual damage: ZERO

*Consumer Comment: Actual damage: ZERO

*Consumer Comment: Actual damage: ZERO

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I was eating some Frosted Cheerios one morning and a piece of metal almost broke my tooth. The reason I am filing this report is to warn others that there is a possibility this could happen to you.


Found metal Cheerio in cereal bowl


Photo of the box the metal piece came from


Close up of the lot number - so others can be warned in case there are more pieces out there


Change of venue and date requested by General Mills Cereals - no action taken for safety


Envelope containing the date change, yet to hear the new court date at the convenience of their attorneys. I guess I have no say.


I spoke to someone who told me that they would send me some product and I told them "no." I only wanted General Mills to acknowledge the problem and fix it. At first, they denied it and told me that it must have been in the milk. From my own research, I have learned that there is a problem with parts coming off of the machines at General Mills and I am really concerned that a small child may be hurt by them. It really bothers me that they are so heartless about this.

I confronted GM with my research and they have since acknowledged the truth of those claims, but I wanted to make a point. I have my reasons for taking this so personally and have collected my evidence and am going to send it to this website and hope they can display it all.

I hope that you all will be able to see for yourselves that the piece of metal is from their machinery, in some part of the process of manufacturing and packaging.

Here is the complication... I wanted to make this painful for them because they would not immediately acknowledge the problem and I sued them in Small Claims Court in Chandler, Arizona for only $2,500. They have hired a local law firm to use their big corporate money to fight me, a consumer. The law firm is Cavanaugh Law Firm, 1850 N. Central Avenue, Suite #2400, Phoenix, AZ 85004-4527.

I don't know what will happen to my case now, because I thought that lawyers could not come into Small Claims Court. Now I think they are trying to move it to Civil Justice Court and I may lose my case because I don't have an attorney.

Just remember when you go to the store... Cheerios is the cereal without a heart.

Marvin
Chandler, Arizona
U.S.A.

This report was posted on Ripoff Report on 06/18/2004 03:43 PM and is a permanent record located here: http://www.ripoffreport.com/r/General-Mills-Cereals-Frosted-Cheerios-The-Cavanaugh-Law-Firm/Minneapolis-Minnesota-55440/General-Mills-Cereals-LLC-Frosted-Cheerios-and-The-Cavanaugh-Law-Firm-Of-Phoenix-Arizo-95483. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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REBUTTALS & REPLIES:
0Author 7Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Sorry: I didn't have the whole story.

AUTHOR: Mike - (U.S.A.)

First off, I'm Mike, not Jim. You're Jim. I'm not a lawyer nor do I have anything to do with General Mills or any other food company.



First I want to apologize because when I wrote my response, Marvin's update had not posted yet. Again, last night only Marvin's first report had appeared on the web site, and that is what I based my response on. The final order they appear in suggests that I had also considered the PTSD situation and dismissed it, which would have been truly "heartless" and "unpartriotic" on my part. But that is NOT what happened. So please, Jim, re-read ONLY Marvin's first post and consider my first response in that light, because that was ALL I had to work from.



Based on the initial report, it appeared to me that Marvin would be wasting his time in court because he had not presented a theory that would justify a $2500 claim, or really a claim for any money at all. Even though General Mills may be doing something that could hurt someone in the future, that does not give someone the right to demand that the company put $2500 in *their* pocket for pointing it out, unless they have been hurt themselves.



I know what PTSD is, and I know it's terrible. This certainly justifies Marvin's claim that the tainted Cheerios hurt him. It does introduce a level of complexity that wouldn't be there if the damage were "obvious," for example a tooth had broken and he could present the bill from a dentist. It would be best if he had his own lawyer who is familiar with these kinds of cases to help him fully develop the legal theories and present them to the court. Trying to go this kind of case alone in court can be quite difficult and traumatic. The corporate lawyers will do their best to tear him apart.
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#2 Consumer Comment

Actual damage? Corporate Shill or Attorney Runs Interference?!

AUTHOR: Jim - (U.S.A.)

For Jim in Radford, VA:



I would like to know if you have looked down the business end of an AK? Do you know what an RPG sounds like going off? How about what HUMAN flesh smells like when it is burning? Have you tasted your own blood trickle down the back of your own throat? Do you even know what PTSD is or what happens to you to get it?



Unless you can empathize with Marvin you have no right to comment. In fact, I challenge your reasons for even commenting. You sound like you are a corporate attorney or a risk mitigator for a company. How close am I to the truth?



Let me ask you this, Jim. What if this piece of metal had been aspirated by a child instead of a veteran, perhaps your own child (if you have children) and the child died? Would you respond so callously?



How can you excuse a company for making the mistake and not holding them responsible. I will bet you are the first ones to become irrate and castigate the actions of the MPs who screwed up at Al Ghraib prison, right? $10 a box for Cheerios? Have you ever set foot outside the good ol' USA? The profits General Mills makes off the starving people around the world makes that sound like a drop in the bucket. How about corporate responsibility and responsiveness to the community they claim to be a part of?



Pogues like you make me sick and it sickens me to know that those like you make up corporate "Amerika," and have seats in Congress making decisions for the rest of us to take action on - just like the chicken$hit Congressmen during the Vietnam era.



Marvin is my Brother in arms and it was really for people like him that I fought, not ungrateful, unpatriotic, heartless people like you. (I want you to know that I am really having a hard time not resorting to vulgarity.) Shame on you, Jim, for being as heartless as General Mills. Why don't you want to see the evidence.



First, I know how much courage it took for Marvin to stand up for himself and face this demon.I for one am looking forward to seeing your evidence. This is a big step toward recovery. I hope he has a supportive group at a Vet Center. If not, Marvin, get to one and keep working, Brother!

Semper Fi!
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#3 Author of original report

Clarification about my situation - This has made my PTSD worse.

AUTHOR: Marvin - (U.S.A.)

I have spoken to my clinician and have been advised to be more open about my situation. I am also a Vietnam Vet with combat experience in country. Like so many others, that experience has taken it's toll on us. I have managed the problems well enough for about 30 years, I thought, but I have been in treatment for post-traumatic stress disorder (PTSD) and have not been real comfortable with telling myself that there is something wrong with me. My clinician has advised me that I need to explain my injuries more clearly.



In the middle of trying to deal with the effects of the PTSD, I ended up with the piece of metal of in my mouth. I immediately had a flashback experience to Vietnam. I was made to eat glass and I could taste the powder in the air. In many ways, General Mills is forcing me even greater trauma by not just putting this to rest.



I have more to add to this report and will provide photos and evidence as time progresses. I really need the support of people as this sacrifice is for others, just as was pointed out that my losses in Vietnam were for others.
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#4 Consumer Comment

Actual damage: ZERO

AUTHOR: Mike - (U.S.A.)

In order to win in any court, you have to show that you suffered some loss or damage because of what the Defendant did or didn't do. If all you have is your tooth "almost broke" or "some child could get hurt," that isn't going to cut it.



I'm sure General Mills is doing as much as practical to keep bits of metal out of their cereal. You should have been happy with some free product. Occasionaly, products ARE defective, but the company doesn't deserve to get sued every time. If they show up at all, lawyers or not, there's no way you're getting anything in court.



They're only "heartless" to the same extent that all business is heartless. Its just a fact of life that there will be rare instances where a piece of metal gets into the product. It would be prohibitively expensive to ensure that it NEVER happens. Would you pay $10.00 for a box of Cheerios that has been individually X-rayed to make sure there are no metal parts in it?



Of course not, you'd buy a competing brand and accept the small chance that it has a foreign object in the box. If someone does actually get hurt because of it, it is less expensive for the company to compensate them.
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#5 Consumer Comment

Actual damage: ZERO

AUTHOR: Mike - (U.S.A.)

In order to win in any court, you have to show that you suffered some loss or damage because of what the Defendant did or didn't do. If all you have is your tooth "almost broke" or "some child could get hurt," that isn't going to cut it.



I'm sure General Mills is doing as much as practical to keep bits of metal out of their cereal. You should have been happy with some free product. Occasionaly, products ARE defective, but the company doesn't deserve to get sued every time. If they show up at all, lawyers or not, there's no way you're getting anything in court.



They're only "heartless" to the same extent that all business is heartless. Its just a fact of life that there will be rare instances where a piece of metal gets into the product. It would be prohibitively expensive to ensure that it NEVER happens. Would you pay $10.00 for a box of Cheerios that has been individually X-rayed to make sure there are no metal parts in it?



Of course not, you'd buy a competing brand and accept the small chance that it has a foreign object in the box. If someone does actually get hurt because of it, it is less expensive for the company to compensate them.
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#6 Consumer Comment

Actual damage: ZERO

AUTHOR: Mike - (U.S.A.)

In order to win in any court, you have to show that you suffered some loss or damage because of what the Defendant did or didn't do. If all you have is your tooth "almost broke" or "some child could get hurt," that isn't going to cut it.



I'm sure General Mills is doing as much as practical to keep bits of metal out of their cereal. You should have been happy with some free product. Occasionaly, products ARE defective, but the company doesn't deserve to get sued every time. If they show up at all, lawyers or not, there's no way you're getting anything in court.



They're only "heartless" to the same extent that all business is heartless. Its just a fact of life that there will be rare instances where a piece of metal gets into the product. It would be prohibitively expensive to ensure that it NEVER happens. Would you pay $10.00 for a box of Cheerios that has been individually X-rayed to make sure there are no metal parts in it?



Of course not, you'd buy a competing brand and accept the small chance that it has a foreign object in the box. If someone does actually get hurt because of it, it is less expensive for the company to compensate them.
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#7 Consumer Comment

Actual damage: ZERO

AUTHOR: Mike - (U.S.A.)

In order to win in any court, you have to show that you suffered some loss or damage because of what the Defendant did or didn't do. If all you have is your tooth "almost broke" or "some child could get hurt," that isn't going to cut it.



I'm sure General Mills is doing as much as practical to keep bits of metal out of their cereal. You should have been happy with some free product. Occasionaly, products ARE defective, but the company doesn't deserve to get sued every time. If they show up at all, lawyers or not, there's no way you're getting anything in court.



They're only "heartless" to the same extent that all business is heartless. Its just a fact of life that there will be rare instances where a piece of metal gets into the product. It would be prohibitively expensive to ensure that it NEVER happens. Would you pay $10.00 for a box of Cheerios that has been individually X-rayed to make sure there are no metal parts in it?



Of course not, you'd buy a competing brand and accept the small chance that it has a foreign object in the box. If someone does actually get hurt because of it, it is less expensive for the company to compensate them.
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