A settlement agreement has been reached by the parties in a lawsuit against Kellogg Company over claims that its cereals Rice Krispies and Cocoa Krispies provide increased immunity to disease for children.
Last year, a class of cereal consumers sued the company alleging false advertising for claims that antioxidants and nutrients fortified the cereals, providing increased immunity to children. The plaintiffs maintained that the company had done no clinical studies to back up the assertion and were misleading consumers with the announcement “Now helps support your child’s immunity” across each cereal box.
Although Kellogg’s still admits no wrongdoing, there is a proposed settlement that would put $2.5 million in a fund for class participants as well as require Kellogg’s to dole out $2.5 million worth of food in donations.
The class includes people who bought Rice Krispies or Cocoa Krispies from June 1, 2009 to March 1, 2010; if the settlement agreement is approved by the court, class members could request (via valid claim form) a reimbursement of $5 per box of the named cereals bought during the aforementioned period for up to three boxes (a total of $15).
This potential settlement brings to mind the Nutella lawsuit we talked about several months ago in which the maker of the chocolate-hazelnut spread was sued by “the mother of a four-year-old girl who claims she was misled by Ferrero USA’s claims that Nutella is ‘healthful’ when in reality, the plaintiff alleges, the spread is ‘the next best thing to a candy bar.’” There’s still no word of settlement or other movement on the Nutella case, but we’ll be sure to keep you posted if we hear anything.
What do you think about these false advertising lawsuits against companies like Kellogg’s and Nutella?