PHILADELPHIA (CN) — Three spoonfuls through a bowl of off-brand Cheerios, a Pennsylvania woman claims in court that she was disgusted to find she had ingested an unwrapped condom.
Represented by the firm Solomon, Sherman & Gabay, shopper Evelyn Gebhard filed her complaint on Jan. 2 in the Philadelphia County Court of Common Pleas.
A resident of Pottstown, Gebhard says she is still reeling from her ordeal on March 5, 2016.
That day, Gebhard opened up a brand new box of Millville Multigrain Crispy Oats and made a bowl for herself with milk.
“On the third spoon full she discovered she had ingested a foreign object, an unpackaged condom that came from the Millville Multigrain Crispy Oats cereal and she immediately became violently sick,” the complaint states.
Alleging negligence and breach of warranty, Gebhard brought her complaint against the supermarket chain Aldi and cereal giant Weetabix, which manufactures the Cheerio-like product.
Gebhard says she bought her box of Millville Multigrain Crispy Oats from her local Aldi on Feb. 27, 2016.
"The product was not, in fact, merchantable, nor fit for use for its intended purposes, but rather was unsafe and unmarketable," the complaint states.
Gebhard is represented by Solomon Sherman attorneys David Sherman and Ryan Briskin. Neither attorney has returned a request for comment, nor did representatives for Aldi and Weetabix.
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