Honey Bunches of Oats Class Action Lawsuit Upheld

A class action lawsuit alleging Honey Bunches of Oats is deceptively marketed will proceed in a California federal court, according to a judge’s recent ruling.

According to the complaint, Post dupes consumers into thinking that the product is mainly sweetened with honey when sugar and corn syrup make up most of the sweetening agents in Honey Bunches of Oats.

The plaintiff claims that he and other putative Class Members were deceived by the product’s packaging which features honey.

In addition, the complaint alleges that Post used deceptive marketing to capitalize on consumers’ preferences for honey used as a sweetener, rather than other sources, particularly those that are refined.

Post asked U.S. District Judge Yvonne Gonzalez Rogers to dismiss the Honey Bunches of Oats class action lawsuit, arguing that, while it does indeed use honey to sweeten the product, no reasonable consumer would think the main sweetener was honey.

However, Judge Gonzalez Rogers disagreed with Post, pointing out that the complaint alleges that Honey Bunches of Oats packaging features a picture of a honey.

The order denying the dismissal notes, “the package depicts a large yellow-orange circle simulating a radiating sun, emblazoned with the words ‘HONEY BUNCHES OF OATS’ and showing a wooden honey dipper dripping honey, and towards the bottom of the package is the outline of a bee trailing a broken line indicating flight.”

Additionally, contrary to Post’s assertion, the judge found that a reasonable consumer would not necessarily read the small print on the back of the packaging when deciding to purchase the product.

“Although the package does not make any objective representations about the amount of honey in the cereal, a reasonable consumer could see the prominent honey-related words and imagery and be deceived into thinking the cereal contained relatively less refined sugar and more honey,” states Judge Gonzalez Rogers in her order.

“If so misled, the reasonable consumer is not expected to pick up the product and examine the fine print on the ingredient list.”

The judge also noted that in an amended Honey Bunches of Oats class action lawsuit, the plaintiff described a survey of consumers that found that most would believe that honey was primary sweetener in the breakfast cereal or one of its three main ingredients.

“Accordingly, defendant’s motion to dismiss the claims on the ground that no reasonable consumer would understand the Honey Bunches of Oats packaging to make a representation about the amount of honey in the cereal is denied,” concluded the order.

Post also argued that the demand for an injunction by the Honey Bunches of Oats class action lawsuit was improper; however, the food conglomerate lost on that account as well.

Relying on her initial finding that a reasonable consumer could be deceived by the packaging, Judge Gonzalez Rogers pointed out that the lead plaintiff claimed he would purchase the product again if the labeling was not deceptive.

“Here, plaintiff has sufficiently alleged that he was deceived by the front of the Honey Bunches of Oats packaging and that he may purchase the cereal again in the future if the label is accurate. Absent injunctive relief, plaintiff would not know whether honey is in fact a significant sweetener in defendant’s product based on the front of the cereal box,” states the order.

“Plaintiff’s inability to rely on the honey-related words and images prominently featured on the front and top of the cereal box constitutes an ongoing injury for which plaintiff may seek injunctive relief.”

Judge Gonzalez Rogers also ruled in favor of the plaintiff’s claims under California’s consumer protection laws, including the False Advertising Law and Unfair Competition Law.

The judge rejected Post’s argument that these allegations in the Honey Bunches of Oats class action lawsuit are preempted by Food and Drug Administration regulations.

Based on these decisions, the Honey Bunches of Oats class action lawsuit will proceed.

The plaintiff is seeking to represent a Class of California consumers who have purchased varieties of Honey Bunches of Oats since June 13, 2015. In addition to the injunctive relief, the plaintiff is seeking monetary damages, attorneys’ fees, and court costs.

Have you purchased Honey Bunches of Oats? Did you think it was sweetened mainly with honey? Tell us about your experience in the comment section below!

The lead plaintiff and the proposed Class are represented by Michael R. Reese and George V. Granade of Reese LLP, and Kenneth D. Quat of Quat Law Offices.

The Honey Bunches of Oats Mislabeling Class Action Lawsuit is Tucker v. Post Consumer Brands LLC, Case No. 4:19-cv-03993-KAW, in the U.S. District Court for the Northern District of California.

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