Kellogg’s Promotions Expire Before Food Does, Class Action Lawsuit Says

A new class action lawsuit over Kellogg’s promotions claims the company regularly puts on its packaging offers for discounts and “free” money toward other purchases that expire before the food can even be sold.

Shoppers are misled into thinking the promotional offers on Kellogg’s cereals and other items are valid when they see the items on store shelves, the class action lawsuit claims. What they find out later, when they read the fine print, is that the offers advertised on the packaging have a much shorter shelf life than the food inside.

Lawyers for Barbara Seaman of New York and Kyle Corbin of North Carolina filed the class action lawsuit against the Kellogg Co. in U.S. District Court for the Eastern District of New York on Nov. 13. They claim the billion-dollar food manufacturer intentionally deceives consumers by obscuring the expiration dates on the promotions in order to sell more food.

“[Kellogg’s] should offer promotions that expire consistent with the shelf-life of the products, because not doing so is unfair and misleading to shoppers,” the class action lawsuit says. “Defendant sold more of the products and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers.”

Seaman and Corbin want the court to certify the case as a class action lawsuit that would include all consumers from New York and North Carolina who purchased Kellogg’s products with promotional offers on the packaging and “were subjected to the same unfair and deceptive representations and actions.”

Seaman says she bought a package of Kellogg’s cereal with a movie ticket promotion on the box between August and October. The special offer had expired by the time she purchased it, though, the class action lawsuit says.

The other lead plaintiff, Corbin, says he bought a box of Eggo Waffles offering $5 off Crayola crayons in December 2017 and boxes of Pop Tarts and cereal with “free” on-pack promotions offering dollars off movie theater concessions and movie tickets in 2019 and 2020. In all of those cases, he was unable to take advantage of the Kellogg’s promotions because they had expired before he bought the food.

“Corbin later would have to squint to see the small print on the front of the label saying when the offer was valid until,” his complaint says. It was then he discovered the deadline for the promotions had passed.

The class action lawsuit cites multiple examples of the practices Seaman and Corbin are suing over, such as a 2017 promotion offering “$5 Off Crayola” when buying three packs of Eggo waffles or pancakes, even though the waffles and pancakes didn’t expire until late 2018. That meant the food could still be on store shelves after the promotion advertised on it had ended.

Although the food packaging does contain text stating the dates during which the promotions are valid, “the font size is miniscule and it is set apart from the more prominent and conspicuous ‘free’ offers,” the class action lawsuit claims.

Meanwhile, the plaintiffs say, the U.S. Federal Trade Commission’s guidelines call for promotional terms to be “set forth clearly and conspicuously at the outset of the offer so as to leave no reasonable probability that the terms of the offer might be misunderstood.”

Seaman and Corbin are arguing Kellogg’s promotions violated New York and North Carolina business and consumer protection laws and that the Kellogg Co. engaged in negligent misrepresentation. The plaintiffs are also accusing the company of breaches of express and implied warranties, fraud and unjust enrichment.

They are seeking monetary damages and are demanding a jury trial.

Have you ever purchased a Kellogg’s product because of a promotional offer on the package? Was the promotion still available when you got the item home and tried to claim it? Tell us about it in the comment section below.

Lead plaintiffs Seaman and Corbin and the proposed Class Members are represented by Spencer Sheehan of Sheehan & Associates PC.

The Kellogg’s Promotions Class Action Lawsuit is Barbara Seaman, et al. v. Kellogg Co., Case No. 1:20-cv-05520, in the U.S. District Court for the Eastern District of New York.

Read About More Class Action Lawsuits & Class Action Settlements:

• Class Action Lawsuit Filed over Failure to Provide Transgender Health Insurance
• United Airlines Discount Discriminates Based on Age, Alleges New Class Action Lawsuit
• Ethicon Surgical Staplers Recalled by Manufacturer
• Do You Need a Car Dealership Lawyer for TCPA Violations?