KIND Healthy Grains Lead Class Action Lawsuit

Q: What is the KIND case number?

The case is Burnett v. Kind LLC et al., Case No. 3:26-cv-00440-WHO, in the U.S. District Court for the Northern District of California. Some public references also identify the case as 4:26-cv-00440.

By Steve Levine

KIND Healthy Grains Dark Chocolate Clusters lead class action lawsuit

Published: June 5, 2026

▼ Allegations Only · No Settlement Yet

This article describes a proposed class action complaint. The statements below are allegations only. KIND LLC and Kind Foods LLC have not been found liable, no class has been certified, and there is no settlement or claim form at this time. This page is informational and is not legal advice.

Status Lawsuit Filed complaint filed January 15, 2026 · motion to dismiss pending

Case Burnett v. Kind LLC et al. Case No. 3:26-cv-00440-WHO · Northern District of California

Product KIND Healthy Grains Dark Chocolate Clusters lawsuit challenges healthy marketing and alleged lead disclosure

Can I Claim? No, Nothing To Claim Yet no class has been certified and no claim form exists

What Is the KIND Healthy Grains Lead Class Action About?

A proposed class action lawsuit accuses KIND LLC and Kind Foods LLC of misleading consumers by marketing KIND Healthy Grains Dark Chocolate Clusters as a healthy snack while allegedly failing to disclose lead in the product.

The case is Burnett v. Kind LLC et al., Case No. 3:26-cv-00440-WHO, in the U.S. District Court for the Northern District of California. The case has also been referenced publicly as Case No. 4:26-cv-00440.

The lawsuit was filed by plaintiff Jade Burnett on January 15, 2026. According to the docket, KIND later filed a motion to dismiss, and the court set a briefing schedule for that motion.

The complaint alleges that independent testing commissioned by plaintiff’s counsel found approximately 2.34 micrograms of lead in a 65-gram serving of KIND Healthy Grains Dark Chocolate Clusters. The plaintiff claims that amount is more than four times California Proposition 65’s reproductive toxicity Maximum Allowable Dose Level for lead.

KIND has not been found liable. The lawsuit is still in the early stages, and the allegations have not been proven in court.

Why Is the “Healthy Grains” Label Important?

The lawsuit focuses on the contrast between KIND’s health-oriented marketing and the alleged lead content.

According to the complaint, the product is marketed with phrases such as “KIND Healthy Grains,” “Made with 5 Super Grains,” “100% Whole Grains,” and “Kind for your body.”

The plaintiff alleges these statements lead reasonable consumers to believe the product is a healthy, premium granola snack. The complaint claims consumers would not have bought the product, or would have paid less for it, if they had known it allegedly contained lead.

The core theory is not that every food product must be free from every trace contaminant. The lawsuit claims the alleged amount of lead, combined with the product’s healthy marketing and alleged nondisclosure, made the packaging misleading.

What Is California Proposition 65?

Proposition 65 is a California law that requires warnings for certain exposures to chemicals listed by the state as causing cancer, birth defects or reproductive harm.

California’s Office of Environmental Health Hazard Assessment lists lead’s reproductive toxicity Maximum Allowable Dose Level as 0.5 micrograms per day.

The complaint alleges the KIND product contains approximately 2.34 micrograms of lead per 65-gram serving. The plaintiff claims this exceeds the Prop 65 reproductive toxicity MADL.

That does not mean the court has decided the product violates any law. It means the plaintiff is using those alleged testing results and California standards as part of the lawsuit’s theory.

Which KIND Product Is Named?

The product named in the lawsuit is:
• KIND Healthy Grains Dark Chocolate Clusters

The lawsuit does not name every KIND snack, bar or granola product. Consumers should not assume this lawsuit applies to other KIND products unless the case is later expanded or a court order says otherwise.

Who Could Be Included?

The complaint seeks to represent California consumers who purchased KIND Healthy Grains Dark Chocolate Clusters during the applicable class period.

The proposed class has not been certified. No judge has ruled that the case can proceed on behalf of a class, and no claim form is available.

If the case later settles or a class is certified, eligibility may depend on purchase dates, location, proof of purchase, and the final class definition approved by the court.

What Legal Claims Are Being Made?

The complaint brings California consumer protection and advertising claims.

The legal claims include alleged violations of California’s Unfair Competition Law, California False Advertising Law, California Consumers Legal Remedies Act, breach of express warranty, negligent misrepresentation and unjust enrichment.

KIND has not been found liable for any of these claims. The company may deny the allegations, challenge the complaint, and argue that the case should be dismissed.

Is There a KIND Healthy Grains Settlement?

No. There is no KIND Healthy Grains Dark Chocolate Clusters settlement at this time.

The case is at the lawsuit filed stage. There is no approved settlement, no claim form, no claim deadline and no payout date.

Consumers should be cautious of any website or social media post claiming that a KIND granola settlement payment is already available.

What Proof Should Shoppers Keep?

There is no claim process yet, but shoppers who believe they purchased KIND Healthy Grains Dark Chocolate Clusters may want to keep records in case the lawsuit later results in a settlement or certified class.

Useful records may include receipts, online order history, grocery store loyalty account records, photos of packaging, and approximate purchase dates and store names.

Keeping proof does not mean a payment is available now. It only helps preserve information if the case moves forward.

What Happens Next?

According to the docket, KIND filed a motion to dismiss, and the court set briefing deadlines and a May 20, 2026 hearing date for that motion.

A motion to dismiss asks the court to throw out some or all claims before discovery or trial. The court may grant the motion, deny it, allow the plaintiff to amend the complaint, or narrow the case.

Even if the case survives dismissal, the plaintiff would still need to seek class certification before the case could proceed on behalf of a broader group of consumers.

Many proposed class actions are dismissed, narrowed, amended or settled before any money becomes available to consumers.

How Do I Find Class Action Settlements?

Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:

Frequently Asked Questions

What is the KIND Healthy Grains lead class action lawsuit about?

The lawsuit alleges that KIND misled consumers by marketing Healthy Grains Dark Chocolate Clusters as healthy and made with premium ingredients while allegedly failing to disclose lead in the product. These allegations have not been proven in court.

Is there a KIND Healthy Grains Dark Chocolate Clusters settlement?

No. The case is at the lawsuit filed stage. There is no approved settlement, no claim form and no money to claim at this time.

Which KIND product is named in the lawsuit?

The product named in the lawsuit is KIND Healthy Grains Dark Chocolate Clusters.

How much lead does the lawsuit claim was found?

The complaint alleges that independent testing found approximately 2.34 micrograms of lead per 65-gram serving. The plaintiff claims that amount is more than four times California Proposition 65’s reproductive toxicity MADL for lead.

What is the case number?

The case is Burnett v. Kind LLC et al., Case No. 3:26-cv-00440-WHO, in the U.S. District Court for the Northern District of California. Some public references also identify it as 4:26-cv-00440.

Sources

• CourtListener Docket: Burnett v. Kind LLC
• Justia Docket: Burnett v. Kind LLC et al.
• Justia Court Order: Order Setting Briefing Schedule on Motion to Dismiss
• Complaint PDF: Burnett v. Kind LLC et al. Complaint
• California OEHHA: Lead Proposition 65 Safe Harbor Levels
• Truth in Advertising: KIND Healthy Grains Dark Chocolate Clusters Case Tracker
• The Independent: KIND Snack Foods Had a Significant Amount of Lead in Them, Lawsuit Alleges
• Delish: Class Action Lawsuit Alleges This Popular Granola Contains a Toxic Amount of Lead

Filing Class Action Claims

There is no claim form for this lawsuit right now. Class action claim forms, when available, are submitted under penalty of perjury. Please submit only truthful information. Fraudulent claims can be rejected and reduce funds available to legitimately affected class members. If you are not sure whether you qualify, review the official case documents above. OpenClassActions.com is a consumer news and class-action information site and is not the Settlement Administrator or a law firm; we do not process or decide claims.

For more class actions keep scrolling below.

Case Title Burnett v. Kind LLC et al.

Case Number 3:26-cv-00440-WHO

Alternate Reference 4:26-cv-00440

Court U.S. District Court for the Northern District of California

Judge Judge William H. Orrick

Status Lawsuit filed, motion to dismiss pending

Filed January 15, 2026

Plaintiff Jade Burnett

Defendants KIND LLC and Kind Foods LLC

Product KIND Healthy Grains Dark Chocolate Clusters

Claim Form Not available