SAIGH LAW, P.L.L.C.

Archive for July, 2009

Court Dismisses lawsuit brought against PepsiCo (Parent company of Quaker) for false advertising claiming the packaging mislead her into believing that “Crunch Berries” were ‘Real Fruit’.

San Diego attorney Harold Hewell, representing his client Janine Sugawara of Sacramento, California, filed a lawsuit against PepsiCo on her behalf claiming that she was deceived into buying Cap’n Crunch cereal during a four-year period during which she was convinced that the “Crunch Berries” in the cereal were real fruit.

She filed a class-action suit seeking full restitution of all money gained through misleading packaging and a court order forcing Quaker to provide public notice of the true composition of Crunch Berries against Quaker’s parent company PepsiCo.

Judge Morrison England, in his order dismissing the lawsuit, said:

“A reasonable consumer would have understood the product packaging to expressly warrant only that the product contained sweetened corn and oat cereal, which it did. As far as this court has been made aware, there is no such fruit (Crunch Berries) growing in the wild or occurring naturally in any part of the world”

Also in his dismissal order, England points out that the San Diego lawyer who represents Sugawara, filed a similar suit against Fruit Loops cereal, which was also thrown out of court.

Courtesy of The Nevada County Post Online

What’s your opinion? Click on Comments to leave one!