Not much of a post today, but it might be of interest to some readers. While at the Gym yesterday I saw a news story about a proposed settlement of a lawsuit involving Kellogg, the company that makes Frosted Mini-Wheats. The Lawsuit claimed that Kellogg falsely advertised that its Frosted Mini-Wheats cereal improved kids’ attentiveness, memory and other cognitive functions to a degree not supported by competent clinical evidence. Kellogg stands by its advertising and denies it did anything wrong, but is going to reimburse consumers who bought the cereal. Below is some of the mumbo-jumbo from the site.
In summary, if you purchased Kellogg Mini-Wheats i the last couple of years Kellogg will provide repayment for up to 3 boxes of the cereal. You need to complete a form that can be found here. No deadline has been established on submission yet, but I’d suggest filing ASAP.
FROM THE LITIGATION SITE:
The Court did not decide who was right. Instead, both sides agreed to a settlement. By agreeing to a settlement, the Parties avoid the costs and risk of a trial and the Class will get compensation. The Class Representatives and their attorneys believe that the settlement is in the best interests of the Class Members.
You may have received notice concerning a prior settlement of this lawsuit. That settlement was overturned by the Court of Appeal and the case was remanded to the trial court for further proceedings. This settlement is the result of those further proceedings.
What Does The Settlement Provide?
Kellogg has agreed to create a fund of $4 million. The fund will be used to pay class notice and administration costs, attorneys’ fees and expenses, named plaintiffs’ incentive awards, and cash payments to Class Members who submit a Claim Form. Under the settlement, Kellogg also agreed to make certain changes to the Frosted Mini-Wheats marketing and labeling. Details are described in the Settlement Agreement, which is available here. Cash payments will be made if the Court gives its final approval to the proposed settlement and after the final approval is no longer subject to appeal.