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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.”
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
I’ve purchased these for my family, especially my diabetic father, for years. I’ve taught my children and grandchildren that these were healthier substitutions for high sugar snacks based on these lies. Boy was I wrong.
My whole family has been misled for years by this & has contributed to our distrust & non believer attitude. We have bought these cereals because of a lie.
Add me please
I have bought these for years believing they were healthy
I have been buying this cereals for over 10yrs, trying to help control my diabetes. I eat the Kellogs carerals that show low to no suger on the box, Also the ones showing Hearth healthy every since I had a Hearth attack in 2012.
I buy these every week please add me to your listb
Add me please
Add me please
Add me been eating these for years
ive brought them. i buy them all the time for my son lease add me . im not sure how to apply