On May 21, a judge of the U.S. District Court for the Eastern District of California dismissed a complaint filed by a woman who said she had purchased "Cap'n Crunch with Crunchberries" because she believed "crunchberries" were real fruit. The plaintiff, Janine Sugawara, alleged that she had only recently learned to her dismay that said "berries" were in fact simply brightly-colored cereal balls, and that although the product did contain some strawberry fruit concentrate, it was not otherwise redeemed by fruit. She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.
Plaintiff did not explain why she could not reasonably have figured this out at any point during the four years she alleged she bought Cap'n Crunch with Crunchberries in reliance on defendant's fraud.
Case dismissed.
Judge England also noted another federal court had "previously rejected substantially similar claims directed against the packaging of Fruit Loops [sic] cereal, and brought by these same Plaintiff attorneys." He found that their attack on "Crunchberries" should fare no better than their prior claims that "Froot Loops" did not contain real froot.
http://www.loweringthebar.net/2009/06/reasonable-consumer-would-know-crunchberries-are-not-real-judge-rules.html
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