Post Foods Cereal Class Action Lawsuit Claims Website Is Live

A website has been established for a Post Foods cereal class action lawsuit, informing a certified Class about their options in the case.

The court has certified subclasses of Post Foods cereal purchasers who bought Great Grains, Honey Bunches of Oats, Raisin Bran, Honeycomb and/or Waffle Crisp cereals after Aug. 28, 2012. Individuals who are a part of these group may have legal options.

Although a website has been established for the pending class action lawsuit, there is no relief currently available through a settlement or court judgement. Instead, Class Members have until Jan. 4, 2021, to exclude themselves from the subclasses. Top Class Actions will provide information on how to file a claim as soon as the details are available.

Class Members who exclude themselves will be able to retain their legal rights against Post Foods LLC. This means that, if a court dismisses the claims or rules against the plaintiffs, these consumers will still be able to take legal action against the company in the future. However, excluding themselves also means they will not be able to participate in any settlements or judgements that result from the settlement.

Class Members can exclude themselves through the settlement website or by sending a letter to the settlement administrator containing their name, address, signature and the words “I wish to be excluded from Krommenhock v. Post Foods, LLC, No. 16-cv-4958-WHO (N.D. Cal.).”

By choosing to stay in the certified subclasses, Class Members will have the opportunity to benefit from settlements and judgments though their legal rights will be affected by the outcome of the case.

In March, a federal judge certified the Post Foods purchaser subclasses after determining they meet requirements for numerosity, typicality, adequacy and commonality.

Currently, the case is scheduled to go to trial April 21, 2021. At trial, the court will hear both sides’ arguments and make a decision. If a settlement is reached before the trial, the case may be resolved in that manner instead of by going to court.

Plaintiffs in the Post Foods class action lawsuit filed their case in September 2016, challenging several of Post Foods’ representations on their cereal products, including:

• “Less processed nutrition you can see”
• “Why less processed? Quite simply, because it’s good for you!”
• “It’s whole foods from the field to your bowl, with whole grains, fiber and nutritious ingredients in every bite!”
• And more.

According to the plaintiffs, these statements are misleading because Post Foods cereals contain high levels of sugar. Due to these ingredients, the purchasers say that Great Grains, Honey Bunches of Oats, Raisin Bran, Honeycomb and Waffle Crisp cereals cannot be considered as healthy foods.

“The scientific evidence is compelling: Excessive consumption of added sugar is toxic to the human body,” the Post Foods class action lawsuit contends.

“Experimentally sound, peer-reviewed studies and meta-analyses convincingly show that consuming excess sugar — any amount above approximately 5% of daily caloric intake — greatly increases the risk of heart disease, diabetes, liver disease, and a wide variety of other chronic morbidity.”

According to the plaintiffs, Post Foods’ representations are misleading to consumers because they deceive them into believing that their products are healthy. This perception allegedly causes financial damage to consumers who overpay for the products or purchase the items when they otherwise would not have had they been aware of the truth.

The Post Foods class action lawsuit brings claims under several state laws including California’s False Advertising Law, Consumers Legal Remedies Act and Unfair Competition Law. Under these laws, the plaintiffs seek injunctive relief and an order form the court which would stop Post from using deceptive marketing techniques. The class action lawsuit also seeks financial benefits in the form of restitution, interest and attorneys’ fees.

Post Foods LLC has denied all claims against them and maintains the statements in question are true — meaning their cereals are nutrient-dense, healthy foods. Similarly, the company maintains the plaintiffs and Class Members are not entitled to any relief including monetary rewards.

Class Members who have more questions about the pending Post Foods class action lawsuit can call the settlement administrator Epiq at 1-855-914-4634 or contact them via email at info@AddedSugarClassAction.com.

Did you purchase Post Foods cereal products? Are you a part of this class action lawsuit? Share your experiences in the comment section below.

Plaintiffs and Class Members are represented by Jack Fitzgerald, Melanie Persinger and Trevor Matthew Flynn of the Law Office of Jack Fitzgerald PC.

The Post Foods Cereal Class Action Lawsuit is Debbie Krommenhock, et al. v. Post Foods LLC, Case No. 3:16-cv-04958, in the U.S. District Court for the Northern District of California.

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