A California man who alleges that he was misled by the packaging and advertising for Cap’n Crunch with Cruncherries® has brought a putative class action against the cereal maker in federal district court. Werbel v. Pepsico, Inc., No. 09-4456 (N.D. Cal., filed September 22, 2009). Alleging violations of California’s unfair competition and false advertising laws, intentional misrepresentation, breach of express and implied warranties, and violations of the Consumers Legal Remedies Act, the plaintiff claims that he and a class of California consumers were misled by representations that the product contained fruit. Yet, according to the complaint, “the only fruit content is a touch of strawberry fruit concentrate—twelfth in order on the ingredient list, just after partially hydrogenated soybean oil and ‘natural and artificial flavors,’ and just before malic acid.” According to the complaint, the plaintiff “trusted the Quaker label because of the company’s long history of producing other wholesome breakfast…
Tag Archives breakfast cereal
The Association of Cereal Food Manufacturers (ACFM) has reportedly asked the UK Food Standards Agency (FSA) to delay a forthcoming public health initiative that warns of excessive salt content in cereals and other products. Slated for release next month, the TV and radio advertisements are part of an ongoing FSA effort to reduce the average adult’s salt consumption to 6 grams per day by 2010. According to the agency, the latest £3 million salvo in this campaign does not seek to explicitly “demonize” cereal manufacturers, but instead targets all food products that contain salt. FSA has since declined to pull the commercials, but has praised ACFM members for reducing the salt content of their products by 44 percent since 1998. The cereal trade group has also reiterated that cereals account for less than 5 percent of the total salt consumed by UK adults. “We don’t believe it’s appropriate, considering the…
The European Commission (EC) has reportedly entered the second phase of a crackdown on functional food health claims advertising a product’s purported health benefits. EC regulations currently require the European Food Safety Authority (EFSA) to draw up a “positive list” of permitted health claims by 2010, but the commission is now discussing further restrictions on functional foods that also contain high levels of sugar, saturated fat or salt. According to EFSA, the agency has received “4,185 main health claim entries” that each comprise “a food component, a health relationship and an example of wording.” This review process “takes into account the conditions of use and references available for around 10,000 similar health claims.” Meanwhile, the UK Food Standards Agency (FSA) has asked the commission to restrict advertising for products with more than 15 percent sugar content, although the final threshold appears likely to fall between 20-25 percent sugar content. Several…
A federal court in California has dismissed a putative class action alleging that the maker of Cap’n Crunch with Crunchberries® cereal misrepresented its product in violation of the state’s Business & Professions Code. Sugawara v. Pepsico, Inc., No. 08-01335 (E.D. Cal., decided May 21, 2009). Plaintiff alleged that the colorful “Crunchberries” depicted on the cereal box, combined with the use of the word “berry” in the product name, convey the message that the product contains fruit. She claimed that she purchased the product for some four years because she had been misled by defendant’s advertising and misrepresentations, never discerning that the product has no berries of any kind and that the only fruit content is “strawberry fruit concentrate, twelfth in order on the ingredient list.” According to the court, “while the challenged packaging contains the word ‘berries’ it does so only in conjunction with the descriptive term ‘crunch.’ This Court…
The Food and Drug Administration has issued a warning letter to General Mills, Inc., alleging that labeling for the company’s Cheerios® Toasted Whole Grain Oat cereal contains “serious violations of the Federal Food, Drug, and Cosmetic Act (the Act) and the applicable regulations in Title 21, Code of Federal Regulations (21 CFR).” FDA has specifically alleged that this Cheerios product “is promoted for conditions that cause it to be a drug because the product is intended for use in the prevention, mitigation and treatment of disease.” The warning letter singles out claims suggesting that Cheerios can “lower your cholesterol 4 percent in 6 weeks” and “reduce bad cholesterol by an average of 4 percent,” as well as a claim that “Cheerios is.. clinically proven to lower cholesterol. A clinical study showed that eating 1½ cups servings daily of Cheerios cereal reduced bad cholesterol when eaten as part of a diet…
The Federal Trade Commission (FTC) has announced that Kellogg Co. agreed to settle false-advertising charges involving Frosted Mini-Wheats® advertisements that claimed the product was “clinically shown to improve kids’ attentiveness by nearly 20 percent.” According to FTC, the clinical study on which the ads were based showed that “only about half the children who ate Frosted Mini-Wheats for breakfast showed any improvement in attentiveness, and only about one in nine improved by 20 percent or more.” Under the consent order, Kellogg agrees to pull its offending ads and not to express or imply that its cereal improves attentiveness “unless, at the time [the claim] is made, the representation is true and non-misleading.” The company also agreed not to make any representation “about the benefits, performance, or efficacy of such product for cognitive function, cognitive processes, or cognitive health, unless the representation . . . relies upon competent and reliable scientific…
