Snap, Crackle, Class Action
Kellogg, the nation’s largest cereal producer, is facing a class action suit based on its Cocoa Krispies brand’s claim that the cereal helps boost children’s immunity to illness. Filed in California, the suit states that the company has made “false and misleading statements about the chocolaty, sweetened rice cereal.” The specific statement brought into question is that “eating just three-fourths of a cup of Cocoa Krispies will boost a family’s immunity to illness” and that the brand “provides 25 percent of needed antioxidants and nutrients and is an excellent source of vitamins A, B, C and E.”
According to a report at Consumer Affairs, the class action states that Kellogg has “no scientific basis for its claim that eating Cocoa Krispies will help fight illness or otherwise promote good health.” Since there is no evidence that the company’s claims are true, the action states that the purpose of the statements is merely a ploy to put profits ahead of people.
In the specifics of the products liability suit, the action claims that Kellogg uses a minimum amount of antioxidants in the ingredients in order to claim the cereal has “indispensable nutrients.” Plaintiffs further state that the Cocoa Krispies’ “sugar, chocolate, high-fructose corn syrup, and/or partially-hydrogenated oils could negatively affect the consumers’ health” and therefore negates any true health benefits.
This class action is a new trend where claims for product benefits are being challenged under a products liability paradigm. Just several weeks ago, a similar suit was filed against Kellogg competitor General Mills and its product (Cheerios) claim to reduce cholesterol and fight heart disease. In that claim, the Food and Drug Administration intervened, warning the company that they were promoting the cereal as “if it were a drug intended for use in prevention, mitigation and treatment of disease.”
Michael Monheit is the managing lawyer at Monheit Law, outside Philadelphia, Pennsylvania. He has practiced law since 1989. Michael Monheit was the managing attorney of the law offices of Herbert Monheit — now Silverman and Fodera — a firm... Michael Monheit→