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Kellogg Smart Start class action overview:
- Who: A Kellogg’s Smart Start consumer sued the Kellogg Sales Co.
- Why: The plaintiff alleges Kellogg misrepresents the amount of protein in its Smart Start cereal.
- Where: The Kellogg Smart Start class action was filed in a New York federal court.
Kellogg’s Smart Start cereal overstates the amount of protein it contains, a new class action lawsuit alleges.
Plaintiff Dameka Jones filed the class action lawsuit against Kellogg Sales Co. on Jan. 19 in a New York federal court, alleging violations of state and federal consumer laws.
Kellogg represents that a bowl of Smart Start gets a roughly equal amount of its 11 grams of protein from cereal and added milk, according to the lawsuit.
The box states that the 11 grams of protein comes from 6 grams of protein in added milk and 5 grams of protein in the cereal itself.
“However, the representation that the product contains an almost equivalent amount of protein, 5 grams, from the cereal, is misleading, shown by the Nutrition Facts on the side panel,” the Kellogg class action states.
About 25% of protein from cereal, Smart Start class action alleges
The nutrition facts reveal that the milk-to-cereal percentage contributions to the product’s protein content are significantly different from what consumers expect, the lawsuit states.
This is shown by how the cereal’s five grams of protein are equivalent to 4% of this nutrient’s percentage daily value while the 11 grams, with added milk, is 16%.
“The six grams of protein from added milk supplies 12% of the daily value for protein in contrast to the 4% from the cereal alone,” the Kellogg lawsuit states. “In contrast to the front label indicating the protein contribution from the cereal and milk is roughly equivalent, the former provides only 25% of the Product’s protein content while 75% is provided by milk.”
As a result of the false and misleading representations, the product is sold at a premium price, $4.49 for 18.2 ounces (515 grams) excluding tax and sales, the Smart Start lawsuit states.
Jones seeks to represent anyone in New York who bought the product, plus a consumer fraud multi-state class of consumers from North Dakota, Wyoming, Idaho, Alaska, Iowa, Mississippi, Arkansas and Utah.
She sued for breach of warranty and unjust enrichment and seeks certification of the class action, damages, fees and costs.
An Illinois resident sued Kellogg’s in 2022 for supposedly misleading customers into thinking its Special K cranberry almond chewy nut bars contain more almonds and cranberries than the bars actually do.
Did you buy Smart Start cereal thinking it was high in protein? Let us know in the comments.
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC.
The Kellogg class action lawsuit is Dameka Jones, et al. v. Kellogg Sales Co., Case No. 1:23-cv-00049, in a U.S. District Court for the Western District of New York, Buffalo Division.
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61 thoughts onKellogg class action alleges Smart Start cereal falsely advertises protein content
Please add me
Add me on this one !!! My sugar levels were never right when I ate this .