New Suit Alleges Kellogg’s ‘Harvest Wheat’ Crackers Misled Consumers

An Illinois consumer has filed a putative class action against Kellogg Sales Co., alleging it misrepresented the amount of whole grains its Harvest Wheat Toasteds crackers contain. Moore v. Kellogg Sales Co., No. 22-03172 (C.D. Ill., filed September 5, 2022).

The plaintiff asserts in the complaint that consumers want to consume more whole grains, but their efforts to do so are stymied by confusing product labels. “One food and nutrition professor stated, ‘Even people with advanced degrees cannot figure out how much whole grain’ is in products represented to consumers as whole grain,” the plaintiff said in the complaint. She asserted that despite the labeling of the crackers at issue as “Harvest Wheat,” and the product’s appearance of having a dark brown color and visible pieces of grains, it “contains a negligible absolute and relative amount of whole grains compared to refined grains.”

The plaintiff alleged that the value of the crackers was materially less than its value as represented by the defendant, and that the defendant sold more of the product at higher prices than it would have had it not mislabeled the product.

For alleged violations of state consumer fraud acts, unjust enrichment and negligent misrepresentation, the plaintiff is seeking class certification, injunctive relief, damages and attorneys’ fees.