Saturday, April 24, 2010

More Frooty Claims

A class action lawsuit was refilled against Kellogg USA alleging that “Froot Loops”—here’s the shock—contain no actual fruit!  The plaintiff said he was duped by the “brightly colored cereal made to resemble fruit” depicted on the package, the use of the word “Froot,” and depictions of real fruit on the label.“ He finds these practices likely to mislead and deceive a ‘reasonable consumer’ such as himself . . .”  The plaintiff, Roy Werbel, claims he was deceived over a four year period when he bought the cereal.

I sympathized with Mr. Werbel’s plight. I really do. Really. Assuming he honestly ate Froot Loops for four years believing they were made from real fruit. Nonetheless, I am finding it hard to believe enough similarly situated consumers are out there for a class action.  Can there really be a whole class of reasonable consumers that eat neon-colored, candy flavored loops of froot for the real fruit content?

You can read more here: Froot Loops’  complaint. I wrote about an earlier complaint here: “I Was Duped by the Loops of Fruit.” The case, Roy Werbel v. Kellogg USA, Case. No. CV 10-1660 EMC, was filed in the U.S. District Court for the Northern District of California on April 19, 2010.

1 comment:

Neal Fortin said...

Lowering the Bar has more on this case at http://www.loweringthebar.net/2010/04/yet-another-lawsuit-claims-no-fruit-in-froot-loops.html

Food Liability Law Blog has this: http://www.foodliabilitylaw.com/2010/04/articles/legislation-2/food-labeling-1/froot-loops-litigation-an-endless-loop-for-kelloggs/