Katherine Webster  |  March 12, 2021

Category: Consumer News

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Overhead shot of a person's left hand on a bowl of cereal, with a spoon of cereal in their right hand. - kellogg's cereal

 

Plaintiffs in a class action lawsuit over Kellogg’s cereal have reached a revised, $13 million settlement with the company, saying it addresses the concerns the judge had about the previous proposed settlement

The class action lawsuit, filed in 2016, claimed Kellogg Sales Co. falsely advertised some of its cereals as “lightly sweetened” or “heart healthy” when in fact they contained a high amount of sugar.

In February 2020, U.S. District Judge Lucy H. Koh declined to approve a proposed settlement in the case, finding it was not “fundamentally fair, adequate, and reasonable.” 

Among her reasoning was concern that the release of claims was overbroad and that the claim, opt-out, and notice forms contained “numerous errors that result in inadequate disclosure of various aspects of the settlement to class members.”

box of Kellogg's frosted mini wheats cereal - kellogg's ceral

The Class includes anyone who purchased one of the covered products in the United States for household use and not for resale, between Aug. 29, 2012, and May 1, 2020.

The covered products are: 

  • Kellogg’s Original Raisin Bran and Raisin Bran Crunch cereals in a package stating “heart healthy” 
  • Kellogg’s Smart Start Antioxidants cereal in a package stating “heart healthy” and/or “lightly sweetened”
  • Kellogg’s Frosted Mini-Wheats Bite Size (Original, Maple Brown Sugar, Strawberry, or Blueberry varieties), Big Bites (Original variety), Little Bites (Chocolate or Cinnamon Roll varieties), or Touch of Fruit in the Middle (Mixed Berry and Raspberry varieties) cereals in a package stating “lightly sweetened” 

The settlement agreement predicts an average Class Member payout of $16.09.

Class Members will need to file a claim form in order to receive a payout. 

More information regarding the timeline and process for Class Members to file their claims will be determined when Koh grants preliminary approval.

A hearing on the preliminary approval of the Kellogg’s cereal settlement is set for May 20, 2021.

Have you purchased “lightly sweetened” or “heart healthy” Kellogg’s cereal believing the products contained less sugar? Let us know in the comment section below.

The plaintiffs are represented by Jack Fitzgerald of The Law Office of Jack Fitzgerald PC and Sidney W. Jackson III of Jackson & Foster LLC.

The Kellogg’s Cereal Class Action Lawsuit is Stephen Hadley, et al. v. Kellogg Sales Co., Case No. 5:16-cv-04955-LHK, in the U.S. District Court for the Northern District of California.

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1,270 thoughts onRevised $13M Class Action Settlement Reached in Kellogg’s Cereal False Ad Case

  1. Nina Adams says:

    Please add me…..we purchased all flavors of frosted mini wheats in a regular basis

  2. Bharati Jain says:

    Add me

  3. SALINDA WILLIAMS THURMAN says:

    ADD ME

    1. Jeanne Lovelace says:

      Please add me. Frosted Mini Wheats, Original & maple brown sugar; Original Raisin Bran;

  4. Aisha Oliver says:

    Please add me Eat frosted mini wheats all the time

  5. M. Bohan says:

    Please include my information.

  6. Sabrina Bowie says:

    This infuriates me!! These are what I feed my 82 year old aunt, and 70 year old mother DAILY!! Please add me

  7. Lorena MURRAY says:

    please add me

  8. Lisa Haubrich says:

    Add me

  9. Lenora E. Magee says:

    Please add me

    1. CARRIE ANN GOODEMOTE says:

      Please add me

  10. Robin Byers says:

    Add me .Please

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