Post Foods Sugary Cereal Class Action Gets Certified

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 company’s 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 Foods’ cereal contains a large amount of sugar, even though the products are advertised as healthy.

The plaintiffs allege that Post Foods has violated California’s False Advertising Law, the Consumer Legal Remedies Act and the Unfair Competition Law.

The Post cereal class action lawsuit claims that words like “whole grain,” “fiber,” “nutritious,” and “healthy” 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 “better for you” foods is relevant in the cold cereal category, according to the judge’s 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 defendant’s 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 plaintiffs’ 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 judge’s 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.

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