Beyond Pesticides, Moms Across America and the Organic Consumers Association on Thursday said the settlement calls for General Mills to remove the phrase “Made with 100% Natural Whole Grain Oats” from Nature Valley labels.

Why it matters: Glyphosate, particularly Bayer’s Roundup herbicide, is the center of thousands of lawsuits in North America over claims it causes cancer. The U.S. Environmental Protection Agency has assessed glyphosate to not pose a cancer risk.

The groups said independent tests showed that the granola bars contained 0.45 parts per million of glyphosate, and that oats were the “most likely” source of the herbicide.

While this was below the maximum 30 parts per million that the U.S. Environmental Protection Agency recommends, the groups said General Mills’ label was deceptive and that “no reasonable consumer” would expect the bars to contain anything unnatural.

“Nature Valley is confident in the accuracy of its label,” General Mills spokesman Mike Siemienas said in an email.

He said the Minneapolis-based company settled to avoid the cost and distraction of litigation, and focus on making Nature Valley products “with 100 percent whole grain oats.”

The settlement came 13 days after a San Francisco jury ordered Monsanto Co to pay a school groundskeeper $289 million (C$394.2 million) after he said his exposure to its Roundup weed killer and another glyphosate herbicide caused his non-Hodgkin’s lymphoma.

Bayer, which now owns Monsanto, has said it would appeal the jury’s verdict.

The General Mills lawsuit was one of many accusing food companies of using deceptive labels, including terms such as “natural” that do not have clearly understood meanings, to induce consumers to buy or pay more for their products.

In July 2017, a Minneapolis federal judge dismissed a proposed class action lawsuit over General Mills’ “100% Natural” label, saying that even if the oats contained traces of glyphosate, “there is no allegation that the oats, themselves, are not natural.”

A subsequent appeal was dismissed.

The consumer groups had sued General Mills two years ago in Superior Court in Washington, D.C.

The Organic Consumers Association sued Unilever Plc in the same court on July 9 over its labeling for Ben & Jerry’s ice cream, including a claim over the use of glyphosate.

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U.S. District Judge Charles Kocoras in Chicago ruled on Tuesday that reasonable consumers would not agree with the plaintiff Adam Sorkin that “farm fresh” necessarily meant hens “living on farms, with open green space, grass, hay and straw.”

Sorkin said he paid a premium price for “farm fresh” eggs under the Roundy’s label at Mariano’s Fresh Market stores—Kroger owns both brands—in the Chicago area, and would have paid less or not bought them had he known their origins.

But in dismissing the proposed class action, Kocoras distinguished “farm fresh” from descriptors such as “cage-free,” “free-range” and “pasture-raised” that actually describe the living conditions of hens.

“The court agrees with Kroger that no reasonable consumer would plausibly spin free-roaming hens on a grassy, open field from the term ‘farm fresh,'” Kocoras wrote.

“‘Farm Fresh Eggs’ means precisely what it says: the eggs are fresh from a farm,” he added. “It is about origin and timing, nothing more.”

Lawyers for Sorkin did not immediately respond to requests for comment on Wednesday. Kroger and its lawyers did not immediately respond to similar requests.

Sorkin sued last October, eight months after the nonprofit advocacy group Data for Progress released a report, “Cracking Down on Kroger,” calling for increased transparency about where Kroger’s eggs come from.

The report included a survey of 646 Kroger customers, where 41 per cent said they thought “farm fresh” meant cage-free, 14 per cent said it meant cages were used, and 45 per cent didn’t know.

The case is Sorkin v Kroger Co, U.S. District Court, Northern District of Illinois, No. 23-14916.

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