CSPI Targets Cheez-Its® in False Advertising Suit

A class of consumers in New York and California, represented by the
Center for Science in the Public Interest (CSPI), has brought suit in the
Eastern District of New York seeking restitution, actual and punitive
damages, and injunctive relief against the Kellogg Co. for allegedly
misbranding its Cheez-It® “Whole Grain” snack crackers.

The complaint alleges that Cheez-It® “Whole Grain” crackers contain
only a small amount of whole grain, but that the product packaging
is designed in such a way as to mislead consumers to believe that the
product is produced primarily with whole grains. The class contends that
the primary ingredient is enriched flour, however, the product package
states conspicuously the words “Whole Grain” on five of the six packaging
panels. And when purchasing the crackers, lead plaintiffs sought a
product that was predominantly whole grain. The complaint further
alleges that the class members would not have purchased the Cheez-It®
“Whole Grain” crackers if they were aware of the allegedly low wholegrain
content and suffered damages as a result of the allegedly false and
misleading labeling.

Issue 605