Class Action Filed in California over Kellogg’s Health Claims for Cocoa Krispies®
A California resident has filed putative class claims against the Kellogg Co., alleging that it falsely advertises its Cocoa Krispies® cereal as a boost to children’s immunity. Kammula v. Kellogg Co., No. 09-08102 (C.D. Cal., filed November 5, 2009). According to the complaint, without the support of any “known clinical study,” Kellogg claims that the cereal “has been improved to include antioxidants and nutrients that your family needs to help them stay healthy.” The plaintiff alleges that this practice was intended “to profit from a growing trend in the manufacturing, advertising, and sales of ‘functional’ foods.”
The complaint also alleges that “Defendants fail to adequately disclose that other ingredients, including but not limited to sugar, chocolate, high-fructose corn syrup and/or partially-hydrogenated oils, may not ‘help support’ a child’s immunity.” The named plaintiff seeks to certify a class of California residents who purchased Cocoa Krispies® since November 4, 2005, alleging false and misleading advertising in violation of the Business & Professions Code sections 17200 et seq. and 17500 et seq., unjust enrichment, fraud, and deceptive misrepresentation in
violation of the Civil Code.
The plaintiff seeks injunctive relief, an immediate recall of falsely advertised products, compensatory damages, pre-judgment interest, costs, and attorney’s fees. The plaintiff also requests that “each senior citizen and disabled person who is a plaintiff be awarded $5,000 as authorized” by the Civil Code.
Meanwhile, Kellogg Co. has reportedly discontinued making immunity-related health claims on Cocoa Krispies® and Rice Krispies® cereals in response to the San Francisco city attorney’s recent inquiry about such claims. According to a company statement, “While science shows that these antioxidants help support the immune system, given the public attention on H1N1, the Company decided to make this change.” The company will continue to fortify its cereals with increased amounts of vitamins. See Advertising Age and Kellogg Co. Press Release,
November 4, 2009.
