Tag: breakfast cereal
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Cereal Buyers Granted Certification in Kellogg Class Action
A California federal court has granted certification to buyers of Kellogg Co.’s Raisin Bran, Frosted Mini-Wheats and Smart Start who allege they were misled about the health benefits of the products because they contain added sugar. Hadley v. Kellogg Sales Co., No. 16-4955 (N.D. Cal., San Jose Div., entered August 17, 2018). The complaint also…
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Salmonella Outbreak Spurs Kellogg Lawsuit
A woman has filed a lawsuit alleging that she contracted Salmonella Mbandaka after consuming Kellogg Co.’s Honey Smacks cereal. Lemieux v. Kellogg Co., No. 18-0682 (W.D. Mich., filed June 20, 2018). The infection is apparently part of an outbreak of Salmonella that began in March 2018 that has infected 73 people in 31 states. The plaintiff alleges that after…
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Quaker Oats Wins Dismissal of Flavored-Oatmeal Litigation
A California federal court has dismissed with prejudice a putative consolidated class action alleging that Quaker Oats Co. falsely advertised its instant oatmeal as containing maple syrup, finding that the plaintiffs were unable to allege conduct not preempted by the federal Food, Drug and Cosmetic Act (FDCA). In re Quaker Oats Maple & Brown Sugar…
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FDA Warns Granola Company About Listing “Love” Ingredient
The U.S. Food and Drug Administration (FDA) has warned Nashoba Brook Bakery that it has misbranded its granola by listing “Love” as one of its ingredients. The warning letter informed the company that “’love’ is not a common or usual name of an ingredient, and is considered to be intervening material because it is not…
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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…
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Missouri Plaintiff Challenges “Fruit” in Kellogg’s Fruit & Yogurt Special K®
A consumer has filed a putative class action alleging Kellogg Co.’s Special K® Fruit & Yogurt cereal is misleadingly labeled with pictures of strawberries and blackberries despite that dried apples are listed as the only fruit contained in the product. George v. Kellogg Co., No. 16-1887 (E.D. Mo., removed to federal court December 1, 2016).…
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Quaker Oats Maple Suit Transferred to California
A New Jersey federal court has transferred to California a lawsuit alleging that The Quaker Oats Co. misleads consumers with the packaging of its Maple & Brown Sugar oatmeal product because it does not contain maple syrup or maple sugar. Gates v. Quaker Oats Co., No. 16-1944 (D.N.J., order entered August 3, 2016). The complaint…
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UK Advertising Watchdog Censures Special K® General Health Claims
The U.K. Advertising Standards Authority (ASA) has upheld two complaints alleging that advertisements touting Kellogg Co.’s Special K® products as “full of goodness” and “nutritious” violated broadcast (BCAP) and non-broadcast (CAP) advertising codes for food, food supplements and associated health claims. The complaints targeted a TV ad for Special K® porridge that included supported health…