Late last month, a U.S. District Court judge dismissed a complaint filed by a woman who said she’d been buying Cap’n Crunch’s Crunch Berries cereal for four years under the assumption that crunchberries are a real berry. “The plaintiff, Janine Sugawara, alleged that she had only recently learned to her dismay that said ‘berries’ were in fact simply brightly-colored cereal balls.”
In his decision, the judge wrote,
This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a “crunchberry.” Furthermore, the “Crunchberries” depicted on the [box] are round, crunchy, brightly-colored cereal balls, and the [box] clearly states both that the Product contains “sweetened corn & oat cereal” and that the cereal is “enlarged to show texture.” Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.
According to Lowering the Bar, the blog that reported this decision, this isn’t even the first time someone has done this:
Judge England also noted another federal court had “previously rejected substantially similar claims directed against the packaging of Fruit Loops [sic] cereal, and brought by these same Plaintiff attorneys.” He found that their attack on “Crunchberries” should fare no better than their prior claims that “Froot Loops” did not contain real froot.
“Reasonable Consumer Would Know “Crunchberries” Are Not Real, Judge Rules” [Lowering the Bar] (Thanks to YourTechSupport!)
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I hope this person didn’t have the same misconception about dingle berries.
“did not contain real froot.”
I think they contain real froot, just not real fruit.
C’mon guys, stop pulling my leg. This is most definitely a joke, I mean it’s April fir….
Oh, it’s June 5th? This is a true story? I just…I have no words…
I see what you did there…
It’s folks like this that make me understand why there is a warning on your hairdryer that instructs you not to us it in the shower.
Seriously people… Come on.
This is why I stick strictly to Boo and Frankens.
Does it contain electrolytes? I love me some cereal w/ electrolytes.
I have decided to pursue legal action as well.
The name of the cereal is Cap’N Crunch, and I have found there to be neither any chunks of sea captains, and just in case I misunderstood “Cap’N”, I looked for pieces of Caps and any sort of headwear. Nothing. I expect a large settlement.
It saddens me that these attorneys have brought this lawsuit twice with two different cereals and apparently are not going to face any penalty for wasting the court’s time.
What’s next – dingleberries?
I am shocked, shocked, I tell you!
How could they consider this food? Especially fruity pebbles.
As I said in my post about the orange juice 911 call, stupidity is epidemic. This isn’t funny in the least. It is very, very sad. An educated attorney took this into a court of law at the request of a very confused individual. Does this not seem pathetically stupid to anyone else?
Wow! This is the stupidest bitch alive! I looked on line and she actually has been legally employed! That’s great for someone with the i.q. of a carrot stick!