Shocker: Crunch Berries cereal doesn't contain real berries!

[David]

As you may recall (I've brought it up often enough), Sugawara was the California consumer-fraud case in which the plaintiff alleged she had purchased "Cap'n Crunch with Crunch Berries" because she believed it contained real fruit. Federal judge Morrison England, Jr. of California's Central District tossed that case out in May of last year. See "Reasonable Consumer Would Know 'Crunch Berries' Are Not Real, Judge Rules," Lowering the Bar (June 2, 2009); see also "UPDATE and Comment on the Crunch Berry Litigation," Lowering the Bar (June 12, 2009). He also noted that the same attorneys had previously filed and lost a similar claim against the makers of "Froot Loops," and that he was not giving Sugawara another try in his courtroom. "The survival of the instant case," he wrote, "would require this Court to ignore all concepts of personal responsibility and common sense. The Court has no intention of allowing that to happen."

http://www.loweringthebar.net/2010/05/appeal-of-crunch-berries-case-dismissed.html

The plaintiff is obviously doubly stupid... not only is he/she unaware that "Crunch Berries" are not real fruit, he/she then went and admitted that ignorance in court, on the record.

One wonders if another lawsuit will be pending if he/she finds out that there is no "Cap'n Crunch."

[Naomi Tsenzori]

...hmm if something displays berries on its packaging, uses the word berries in its name. The reasonable man might assume that the product contains what is on the packaging.

Granted, I don't know what cap 'n crunch are... but if I see meat and potato pie on the covering of a ready meal, I'd rather not be treated to Bubble and Squeak. >.<

It's definitely a hmm case and the judge was right to err on the side of consumer responsibility, especially since the judgement could open up the floodgates for other similar claims.

[Lupe]

cap 'n crunch is a sugar cereal, it's obviously not a fruit containing cereal.

The person bringing the lawsuit to court is an idiot and just another fool that chokes the justice system.

[David]

Actually, what's displayed on the packaging bears only the most superficial resemblance to berries, in that they are round and colored as berries generally are. That's about where the resemblance ends. See the story I linked above for an image.

There have also been lawsuits about the fact that "Froot Loops" don't contain fruit... I think some of the same people have been involved in the Cap'n Crunch case.

[J'Yan]

http://paxarcana.files.wordpress.com/2009/06/crunchberries.jpg

The fact that it says sweetened corn & oat cereal on the front of the box didn't clue her in?

There is no one with a heartbeat that is that stupid. It was someone who wanted to make a quick buck. And we wonder why Doctors, and what not have to spend hundreds of thousands of dollars a year on lawyers.

I would like to recommend a type of reform. If someone brings a case like this before a judge they should be rendered sterile and the attorney should be barred from practicing law.