Kellogg’s Breakfast Cereals Sugar Lawsuit to Proceed

A California federal court will allow to proceed a suit alleging that
Kellogg’s breakfast cereals and bars are unhealthy because of
excess added sugars, finding that the labeling and packaging of 24
named products “contain at least one statement that is not
preempted, non-misleading or puffery as a matter of law.” Hadley
v. Kellogg Sales Co., No. 16-4955 (N.D. Cal., entered August 10,
2017). The court rejected Kellogg’s argument that the company
accurately disclosed the ingredients of its products and complied
with U.S. Food and Drug Administration (FDA) labeling
guidelines.

The court also found that because FDA “expressly decided” not to
set a level for sugar that would disqualify a product from making
health or nutrient-content claims, any allegation that Kellogg’s
product labeling was misleading because of a certain amount of
added sugar was preempted by the Food, Drug and Cosmetic Act.
However, the court refused to preempt a claim based on “No High
Fructose Corn Syrup” labeling, reasoning that preemption did not
apply because the representation related to the type of sugar in
the product rather than the amount.

Issue 645