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. Annette McMillan says:

    Please add me I buy Raisin Bran Crunch all the time

  2. estella pal says:

    add me

  3. Tammy Workman says:

    My Mother was a diabetic and couldn’t consume alot of sugar, and she had alot of these cereals over the years, she also had alot of times when her blood sugar was either so high from too much sugar, which could trigger a stroke, or even worse…. death!, or dramatically low, and paramedics have to give a sugar shot (sort of speak) or a glass of orange juice to bring it back up, so we as consumers are trusting the labels, when we look at the daily nutrition, we need exact and precise measurements, we buy your cereals, you get the money, dont lie or falsify information, people lives depend on it!, then theres no claims of false advertisment over false daily nutrition, maybe my Mother would still be alive today add me to the list, I have all my reciepts, so prepare to write a check,

  4. Angelica Romero says:

    Add me

  5. Rosemary Perry says:

    We have been eating Raisin bran crunch and frosted mini wheat for years.

  6. Yovet Coffing says:

    We consume at least two boxes of Raisin Bran and one box of Mini wheats a week, thinking they were healthy cereals. I guess we were scammed. Please add us to this class action law suit. Won’t be buying them anymore!

  7. Karin Rice says:

    I used this brand all the time. At least 4 to 6 boxes a month.

  8. Dina Dillon says:

    Yes I have bought them for years!

  9. Melissa D’Antonio says:

    I have purchased these brands for years.

  10. Sherry D Harris says:

    I have bought these for years! What a mistake. Please add me

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