I am not sure who scares me more, the moron who filed the suit or the attorneys who tried it once before in a different court with a different cereal. Doesn’t it make you wonder where your taxes dollars are going when courts are tied up with people like this?
Late last month, a U.S. District Court judge dismissed a complaint filed by a woman who said she’d been buying Cap’n Crunch’s Crunch Berries cereal for four years under the assumption that crunchberries are a real berry. “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.” In his decision, the judge wrote,
This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a “crunchberry.” Furthermore, the “Crunchberries” depicted on the [box] are round, crunchy, brightly-colored cereal balls, and the [box] clearly states both that the Product contains “sweetened corn & oat cereal” and that the cereal is “enlarged to show texture.” Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.
According to Lowering the Bar, the blog that reported this decision, this isn’t even the first time someone has done this:
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.