Kellogg’s Frosted Mini-Wheats Class Action Settlement Gets Final OK

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A federal judge granted final approval to a $4 million class action lawsuit settlement over claims that Kellogg Co. falsely advertised the brain-boosting power of Frosted Mini-Wheats cereal. Consumers who purchased the cereal between January 28, 2008, and October 1, 2009, can file a claim to receive up to $15 from the class action settlement.

U.S. District Judge Irma E. Gonzalez approved the deal on September 10, overruling six objections from a class consisting of hundreds of thousands of consumers. Judge Gonzalez called the Frosted Mini-Wheats settlement “fair, adequate, and free of collusion,” adding that “the settlement is the product of arms-length negotiations by experienced counsel before a respected mediator, reached after and in light of years of hard fought litigation and able discovery into the asserted claims.”

Gonzalez is referring to the roller coaster ride the Frosted Mini-Wheats class action settlement has gone through since it was first approved three years ago.

The Ninth Circuit Court of Appeals rejected a $10 million class action settlement reached in 2010 after finding the terms of the agreement were “too vague” and unfairly compensated Class Members compared to what plaintiff attorneys and charities would have received. Both sides revised the deal to remove the $5.5 million cy pres award that would have gone to charities that feed the hungry, agreeing to send only unclaimed funds to various consumer protection groups. Gonzalez preliminarily approved the revised class action settlement in May 2013.

The revised deal establishes a $4 million class action settlement fund to compensate consumers who purchased Frosted Mini-Wheats cereal between January 28, 2008, and October 1, 2009. The settlement resolves allegations that Kellogg made false and unsubstantiated representations that the cereal was clinically proven to improve children’s attentiveness by nearly 20 percent.

Class Members who submit a valid Claim Form no later than November 29, 2013, can claim a reimbursement of $5 per box of cereal they purchased during the Class Period, up to a maximum of three boxes ($15). Details on how to file a claim can be found here.

The case is Dennis v. Kellogg Co., Case No. 9-cv-01786, U.S. District Court for the Southern District of California.

UPDATE: Distribution of the Frosted Mini-Wheats class action settlement is being delayed by appeals. If the settlement is overturned on appeal, no cash payment will be made to Class Members. Keep checking www.TopClassActions.com for updates.

UPDATE 2: On Apr. 18, 2016, Class Members who submitted timely and valid claims for the Kellogg’s settlement began receiving checks worth as much as $11.44.

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