Janine Sugawara filed a class action lawsuit against PepsiCo -- the maker of "Cap'n Crunch" cereal -- claiming the company was guilty of misrepresentation and false advertising.
Sugawara asserted that the product's packaging led her to believe that the cereal was more wholesome and nutritious than it actually was. Because the box displayed pieces of cereal made to look like berries, Sugawara argued that the company's advertising was misleading to a "reasonable consumer." She also claimed that had she known "Crunchberries" weren't fruit she wouldn't have purchased the product.
After PepsiCo moved to dismiss the case, the United States District Court for the Eastern District of California found that the packaging clearly noted that it contained "sweetened corn & oat cereal," and that a "reasonable consumer" would neither mistake "Crunchberries" for real fruit, nor consider the cereal to be as nutritious.
Because the cereal box wasn't misleading, and Sugawara received precisely what was advertised, the District Court found in PepsiCo's favor and dismissed the case.
That sure was a fruitless effort.
To view a copy of the District Court's decision, please use this link: Sugawara v PepsiCo, Inc.
Crunchberries commercial can be viewed here: http://www.youtube.com/watch?v=pGPizugRkbE