Tag: breakfast cereal
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Federal Court Grants Preliminary Approval to Settlement in Frosted Mini-Wheats® Case
A federal court in California has approved a motion for preliminary approval of a class action settlement in litigation involving allegedly fraudulent claims that Kellogg Co.’s Frosted Mini-Wheats® cereal “was clinically shown to improve children’s attentiveness by nearly 20%.” Dennis v. Kellogg Co., No. 09-1786 (S.D. Cal., decided October 14, 2010). The settlement class consists…
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Waxman Seeks Information on Kellogg Cereal Recall
U.S. Representative Henry Waxman (D-Calif.) has requested that the Kellogg Co. provide documentation to the Committee on Energy and Commerce concerning the possible contamination of millions of cereal boxes with the chemical 2-methylnaphthalene. In his August 2, 2010, letter, Waxman refers to the June recall of more than 25 million boxes of “Corn Pops, Honey…
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Elana Schor, “Hydrocarbons in Cereal Stoke New Debate Over Food Safety,” The New York Times, July 13, 2010
This article examines the fallout from Kellogg Co.’s recall of 28 million cereal boxes that, according to a public statement, contained “elevated levels of hydrocarbons, including methyl naphthalene, normally found in the paraffin wax and film in the liners.” The company voluntarily pulled the products after receiving complaints about an “off-flavor and smell,” which caused…
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Third Crunch Berries® Class Action Dismissed
A federal court in California has dismissed a putative class action alleging that consumers were misled into believing that Cap’n Crunch’s Crunch Berries® cereal contained real berries or fruit. Werberl v. PepsiCo, Inc., No. 09-04456 (N.D. Cal., decided July 1, 2010). Noting that one law firm had filed unsuccessful suits in two other California federal…
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Massive Cereal Recall Puts Spotlight on Chemicals in Food Packaging
Following Kellogg Co.’s voluntary recall of some 28 million boxes of breakfast cereals for a “waxy” smell and flavor emitted from package liners, some have pointed to growing public concern over chemicals, such as bisphenol A, that are allegedly leaching into foods from packaging materials. The Kellogg recall involved an unknown substance added to the…
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FTC Gets Tough with Kellogg over Immunity Claims; Company Agrees to New Restrictions
The Federal Trade Commission (FTC) last week announced that Kellogg Co. has agreed to resolve an “investigation into questionable immunity-related claims for Rice Krispies cereal.” The agreement reopens a prior order involving Kellogg’s® Frosted Mini-Wheats®; the FTC will now require “substantiation for all health claims for any food” based on “competent and reliable scientific evidence,” defined…
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Froot Loops® Packaging and Name Alleged to Be Deceptive
A putative class action has been filed against Kellogg USA alleging that, by calling its cereal “Froot” Loops® and including “pictures of brightly colored cereal made to resemble fruit” and actual fruit on product packaging, the company is deceiving the reasonable consumer who is led to believe the cereal contains fruit. Werbel v. Kellogg USA, No.…
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Federal Court Remands Consumer Protection Claims Filed Against Cereal Maker
A federal court in the District of Columbia has remanded to the D.C. Superior Court a lawsuit brought by the National Consumers League (NCL) against General Mills alleging that the company falsely misrepresents that Cheerios® “has drug-quality properties that would reduce total and ‘bad’ cholesterol levels when eaten.” Nat’l Consumers League v. General Mills, Inc.,…