Fruity Cheerios class action claims packaging is mostly empty air

Fruity Cheerios class action lawsuit overview:

• Who: Plaintiff Jessica Argueta filed a class action lawsuit against General Mills Inc.
• Why: Argueta claims General Mills deceptively sells Fruity Cheerios in oversized packaging containing nonfunctional “slack-fill” to trick consumers.
• Where: The Fruity Cheerios class action lawsuit was filed in California state court.

A new class action alleges General Mills deceptively sells its “Fruity Cheerios” cereal in oversized packaging that does not reasonably inform consumers they are mostly buying air. 

Plaintiff Jessica Argueta filed the class action complaint against General Mills on Oct. 9, 2025, in California state court, alleging violations of state consumer protection and packaging laws.

Argueta claims she relied on the opaque packaging and the size of the box when purchasing the product, understanding the dimensions to indicate an amount of cereal commensurate with the package size. 

She argues that she would not have purchased the product, or would not have paid a price premium for it, had she known the packaging was false and misleading. The Fruity Cheerios class action lawsuit asserts that actual cereal occupies only a fraction of the exterior space represented by the package.

“In short, Defendant dupes consumers into paying extra for empty space,” the Fruity Cheerios class action lawsuit says.

Argueta argues that even if consumers inspected the opaque box by shaking it, they would be unable to discern the significant amount of nonfunctional slack-fill present inside, and that the average consumer depends heavily on package dimensions to gauge quantity.

She wants to represent a California class of all persons who purchased Fruity Cheerios in California for personal use during the four years prior to the filing of the complaint. 

She claims General Mills is guilty of common law fraud and violating the California Consumers Legal Remedies Act and the California Fair Packaging and Labeling Act.

Empty space fails to protect product, Fruity Cheerios class action argues

Argueta claims the empty space in the Fruity Cheerios boxes is “nonfunctional” because it does not serve any of the legal safety or manufacturing exceptions allowed under state law. 

She alleges that the slack-fill does not protect the product, as multiple units are shipped in sturdy cardboard boxes designed for that purpose.

“The machines used to package the Product would not be affected if there was more product added,” the Fruity Cheerios class action lawsuit says.

The lawsuit further alleges that General Mills could easily increase the fill level or decrease the package size but chooses not to in order to capture sales it otherwise would not receive. 

Argueta demands a jury trial and requests restitution, as well as an injunction to ensure the company’s future packaging is accurate and lawful.

A similar class action lawsuit, also filed in California, accuses Target of misleading consumers by selling freeze-dried peach slices that contain too much slack-fill.

Do you believe General Mills uses oversized packaging to mislead cereal shoppers? Let us know in the comments.

The plaintiff is represented by Scott J. Ferrell and Victoria C. Knowles of Pacific Trial Attorneys APC.

The Fruity Cheerios class action lawsuit is Argueta v. General Mills Inc., Case No. 3:25-cv-03661-AJB-MMP, in the U.S. District Court for the Southern District of California.

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