A California judge recently dismissed a lawsuit against the makers of Cap'n Crunch with Crunchberries cereal after finding that the product box clearly depicts the round, crunchy berries as cereal balls and not real fruit as the plaintiff assumed.

According to a class action complaint filed in U.S. District Court in the Eastern District of California, plaintiff Janine Sugawara sued Pepsico, Inc, the maker of the cereal, alleging that the marketing and advertising for the cereal was misleading and deceptive as the product contains no actual berries.  In addition to seeking restitution for out-of-pocket expenses and economic harm, actual and punitive damages and attorney's fees, plaintiff contended that the phrase “Strawberry artificially flavored cereal” should be added to the label.

U.S. District Judge Morrison England, Jr. dismissed the case, finding that a reasonable consumer would not have been decieved by the packaging.

News reports indicate that plaintiff's attorneys, the Hewell Law Firm in San Diego, lost a similar case against the maker of Froot Loops cereal.

—Source:  Nevadacounty.com and Complaint, Sugawara v. PepsiCo., Inc.