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Kellogg’s Harvest Wheat Toasteds crackers class action lawsuit overview:
- Who: Mary Moore filed a class action lawsuit against Kellogg Sales Company.
- Why: Moore claims Kellogg misleads consumers about the amount of whole grains in its Harvest Wheat Toasteds crackers product.
- Where: The class action lawsuit was filed in Illinois federal court.
Kellogg’s Harvest Wheat Toasteds crackers contain a smaller amount of whole grain than what the company represents on its packaging, a new class action lawsuit alleges.
Plaintiff Mary Moore claims Kellogg misleads consumers into believing the Toasteds crackers contain “a greater absolute and relative amount of whole grains compared to refined grains than it does.”
Moore argues that Kellogg’s Harvest Wheat Toasteds crackers are misleadingly labeled as “Harvest Wheat” and come in a dark brown colored box with images of crackers containing “visible pieces of grains.”
“Studies have shown that consumers seeking whole grains look for products darker in color with visible grains,” states the Kellogg class action.
Despite these representations, Moore claims that the Toasteds crackers contain “a negligible absolute and relative amount of whole grains compared to refined grains.”
Moore wants to represent an Illinois class and multi-state consumer fraud class of individuals who have purchased the Kellogg’s Harvest Wheat Toasteds crackers product.
FDA and FTC have allegedly cautioned companies not to mislead consumers about whole grain content
Both the U.S. Food and Drug Administration and the Federal Trade Commission, meanwhile, have “cautioned companies against misleading consumers” about the “relative amounts of whole grains in foods,” the Kellogg class action alleges.
“Both agencies … know that when consumers are presented with products that reference or allude to whole grains on the front label, consumers will expect those foods to get between half and all of its grain content from whole grain,” states the Kellogg class action.
Moore claims Kellogg is guilty of negligent misrepresentation and fraud, and in violation of the Magnuson-Moss Warranty Act, several state consumer fraud acts, and the Illinois Consumer Fraud and Deceptive Trade Practices Act.
Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of monetary, statutory, and/or punitive damages for herself and all class members.
A separate class action lawsuit was filed against Kellogg in July over claims the company misled consumers about the amount of cranberries and almonds in its Kellogg’s Special K cranberry and almond chewy nut bars.
Have you purchased Kellogg’s Harvest Wheat Toasteds crackers product? Let us know in the comments!
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C.
The Kellogg Harvest Wheat Toasteds crackers class action lawsuit is Moore v. Kellogg Sales Company, Case No. 4:21-cv-06770, in the U.S. District Court for the Central District of Illinois.
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