Wednesday, June 10, 2009

woman takes Capt'n Crunch to court

Janine Sugawara of California ate Captain Crunch's Crunchberries cereal for four years. Each morning, she thought she was bettering her health because, after all, she was eating some fruit for breakfast.

You know, the "Crunchberry?" They are, well, crunchy berries that appear in several different colors and delicious fruity flavors. They are loved by ship's captains all over the world.

Recently, Janine was shocked to learn that "Crunchberries" are not actually berries. Rather, they are fruit(ish) flavored pieces of cereal. (It apparently did not occur to Janine in those four years of eating to actually read the box or examine the cereal she was eating.)

So, to defend us all, Janine recently filed a class-action lawsuit against Pepsico (owner of Quaker Oats, the maker of Crunchberries), claiming that they intentionally deceived reasonable people into believing that Crunchberries are real berries. She stated that, had she known that Crunchberries did not contain fruit, she would not have purchased the cereal.

Fortunately, Janine found a good lawyer to present her case. Who better to take the case than the same law firm that filed a similar lawsuit against Kellogg's for Fruit Loops (McKinnis v. Kellogg, 2007)... and lost.

Unfortunately, Janine's case was dismissed by US District Judge Morrison C. England with no possibility for filing an amended complaint. Janine's attorney has been chastised for filing frivolous lawsuits and will probably pay for wasting the court's time.

via [Bonehead of the Day] [pdf of case at Lexis Nexis]

Next, they will probably go after Grape Nuts.

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