Class action accuses Kellogg’s, Walmart of misleading Froot Loops serving size

Kellogg’s Froot Loops class action overview:

• Who: A consumer filed a class action lawsuit against WK Kellogg Co. and Walmart Inc.
• Why: The plaintiff alleges Kellogg’s and Walmart falsely advertised the serving size of Froot Loops cereal.
• Where: The Froot Loops class action lawsuit was filed in New York federal court.

A new class action lawsuit alleges Kellogg’s and Walmart falsely advertised the serving size of Froot Loops cereal.

Plaintiff Thomas Harvey filed the class action complaint against Kellogg’s and Walmart on July 17 in New York federal court, alleging violations of state and federal consumer laws.

Harvey claims that the companies falsely advertised the serving size of Kellogg’s Froot Loops with Marshmallows cereal, leading consumers to believe they were getting more cereal than they actually were.

Harvey filed the lawsuit on behalf of consumers who purchased the cereal for personal use, alleging that the product’s labeling and advertising were misleading.

Kellogg’s, Walmart cereal label understates serving size, lawsuit alleges

According to the lawsuit, the cereal’s label states that 1 1/3 cups of the product is equivalent to 39 grams and that the box contains about 12 servings. However, independent lab testing showed that 1 1/3 cups of the cereal actually weighs 45.26 grams, meaning that the box contains only 10.16 servings, the lawsuit alleges.

Harvey claims that Kellogg’s and Walmart violated federal regulations by understating the metric mass of the serving size, which led to an overstatement of the number of servings per box.

As a result, consumers were misled into thinking they were getting more cereal than they actually were, the lawsuit alleges.

Harvey argues that he and other consumers relied on the product’s label when making their purchasing decisions and were deprived of the benefit of the bargain.

The plaintiff seeks to represent a class of consumers who purchased the cereal in New York. He is suing for violations of New York’s consumer protection laws, breach of warranty and unjust enrichment and seeking certification of the class action, damages, fees, costs and a jury trial.

Early this year, Kellogg’s faced a class action lawsuit alleging it used deceptive packaging for its cereal products, including Kellogg’s Corn Flakes, Rice Krispies and Frosted Flakes, to falsely imply they contain strawberries.

What do you think of the allegations made in this Froot Loops class action lawsuit? Let us know in the comments.

The plaintiff is represented by Ariana V. Held of The Law Offices of Howard W. Rubinstein P.A.

The Kellogg Froot Loops class action lawsuit is Harvey v. WK Kellogg Co., et al., Case No. 2:25-cv-03984, in the U.S. District Court for the Eastern District of New York.

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