UPDATE: November 2020, the Post Foods cereal class action lawsuit website is live. Find out your legal rights as a Class Member.
A federal judge has certified a class action lawsuit filed against Post Foods by customers who claim the companyโs cereal sugar content misleads consumers.
The judge granted class certification to nine subclasses, including those who purchased Great Grains, Honey Bunches of Oats, Honey Bunches of Oats Whole Grain, Honey Bunches of Oats Granola, Raisin Bran, Bran Flakes, Alpha-Bits, Honeycomb and Waffle Crisp cereals, opining that the plaintiffs met the requirements for numerosity, typicality, adequacy, and commonality.
Plaintiffs Debbie Krommenhock and Stephen Hadley filed the class action lawsuit in 2016, alleging that Post Foodsโ cereal contains a large amount of sugar, even though the products are advertised as healthy.
The plaintiffs allege that Post Foods has violated Californiaโs False Advertising Law, the Consumer Legal Remedies Act and the Unfair Competition Law.
The Post cereal class action lawsuit claims that words like โwhole grain,โ โfiber,โ โnutritious,โ and โhealthyโ appear on the cereal boxes although sugar makes up more than five percent of the calorie content.
The plaintiffs say they purchased the cereal products thinking it was a healthier option than other brands.
Krommenhock and Hadley argue that they would not have purchased the Post Foods cereal if they knew it was not as healthy as the company claimed.
The Post Foods class action lawsuit claims that cereals high in sugar should not be described as a healthy food choice, due to the health risks associated with diets high in sugar.
In addition, the plaintiffs also have asked the court for injunctive relief, which would order Post Foods to take part in an advertising campaign that would correct the false statements about the healthiness of the cereal.
The defendant then filed a motion to dismiss, citing First Amendment protections. The judge opined that the plaintiffs have relied on numerous evidential factors, such as expert opinions, to show that common issues predominate in this class action lawsuit.
First, an advertising expert, Bruce G. Silverman, opined on how Post Foods used the challenged statements to push sales and that a consumer interest in โbetter for youโ foods is relevant in the cold cereal category, according to the judgeโs opinion.
In addition, the court notes other expert witnesses, Dr. Robert Lustig and Dr. Michael Greger, who submitted reports on the health impacts of sugar consumption.
The judge states that the defendantโs argument that some of the challenged statements may not be material to some of the putative Class Members because some of them have healthier lifestyles is not relevant to the plaintiffsโ claims.
Besides being protected under the First Amendment, the defendant also argued in their motion for summary judgment that seven of the challenged statements are implied claims that are protected under the Nutrition Labeling and Education Act (NELA), according to the judgeโs opinion. The court denied the motion for summary judgment.
Did you purchase Post Foods cereals thinking it was a healthy alternative to other cereals? Leave a message in the comments section below.
The plaintiffs are represented by Jack Fitzgerald, Melanie Persinger and Trevor Matthew Flynn of the Law Office of Jack Fitzgerald PC.
The Post Foods Cereal Sugar 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.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
ยฉ2008 โ 2024 Top Class Actionsยฎ LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
669 thoughts onPost Foods Sugary Cereal Class Action Gets Certified
Please add me !
Please add me. I no longer purchase them. Thansk.
Iโve been purchasing these cereals for years thinking they are a healthy choice! Iโm very disappointed. Who can you trust?
Please add me.
Thank you.
Please add me
Not happy buying something thatโs supposed to be healthier and then itโs not
Iโve purchased Honey Bunches AND Post Raisen Bran for years, thinking I was purchasing HEALTHY cereal. Please add me.
Iโm looking at honey bunches of oats right now!
wich I purchase all the time with the belief that it was so much healthier for my daughter
Please add my name or send information where I can join this lawsuit ?
Buy honey bunches of oats all the time as itโs supposed to be healthier
please add me!
Robert Jarman
1313 S. Gold St.
Centralia Wa. 98531
I thought HBO and Raisin Bran were healthy.
Kindly add me