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The Case of the Brightly Colored Cereal Balls

curnchberry.jpg
From the Crank file...

Recently Janine Sugawara sued PepsiCo, makers of Cap'n Crunch with Crunchberries, for misleading her. She believed crunchberries were real fruit.
(That's in bold so you'll laugh.)

Ms. Sugawara alleged that she had only recently learned, to her dismay, that crunchberries were just brightly colored cereal balls.

How one could make this mistake is simple. All you need are barbiturates and a diminished mental capacity. Or maybe if you are a relative of Forrest Gump. Then maybe.

Now I'd wager you wouldn't need more than 1 bite to realize this cereal was nothing more than sugar puffs that ripped your mouth apart. It took the plaintiff 4 years to realize her mistake. She says she was taking PepsiCo at their word. Including "berries" meant the cereal was made with fruit.
While I'd love to cue the laugh track on that deduction, in truth the front of the box states they are nothing more than sweetened corn and oats.

Thankfully, back on May 21st, the case was dismissed.

In its ruling the court really hit the nail on the head stating "a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist."

Reason. That's just what this lawsuit was missing.
But thanks Janine for the laughs.

Found via the appropriately titled site Lowering the Bar.

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5 Comments

No freaking way. Really?
Is she looking into suing General Mills' Lucky Charms? She would have a stronger case there.

Those aren't REAL Rainbows?!

said valeriob on June 5, 2009 4:36 PM.

PS Love the link to the "tear-your-mouth-apart cereals".
Why does something that tastes so good hurt so much? (Cap'n Crunch)

said valeriob on June 5, 2009 4:38 PM.

It's the Pleasure-Pain principle Valeriob.

said Baierman on June 5, 2009 4:47 PM.

I like to think of them as a useful way to remove excess gum tissue.

said jennybee on June 5, 2009 6:32 PM.

UPDATE: http://tinyurl.com/pn6jq9

said valeriob on June 8, 2009 6:11 PM.
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