Kellogg Co. has settled yet another class action lawsuit concerning immunity claims it made about its cereal, this time over Rice Krispies.
In November we told you about Kellogg’s Frosted Mini Wheats Class Action Settlement, now we’ve learned that just months after they reached the Mini Wheats settlement, Kellogg reached a class action lawsuit settlement over the same false claims it made about Rice Krispies — that consuming the cereal boosts children’s immune systems.
In 2009, Kellogg launched a new ad campaign for Rice Krispies that included product packaging claims that the cereal “Now helps support your child’s immunity” and that “Kellogg’s Rice Krispies has been improved to include antioxidants and nutrients that your family needs to help them stay healthy.”
Kellogg continued this false ad campaign for six months before being challenged by the Oregon attorney general. Kellogg settled with the AG and agreed to destroy 2 million units of packaging and donate the cereal to charity. The FTC then filed its own lawsuit, which was settled in June 2010 and was followed by a number of private lawsuits that were consolidated into one class action lawsuit in California federal court.
The plaintiffs in the Rice Krispies class action lawsuit claimed that Kellogg did not have a clinical study to adequately support its claims and that Kellogg failed to adequately disclose whether the inclusion of sugar and high fructose corn syrup negates or otherwise decreases any health and immunity benefits.
As part of the Kellogg’s Rice Krispies class action settlement, Kellogg has agreed to pay consumers about $2.5 million and to donate $2.5 million worth of Kellogg products to charity. Customers who purchased Kellogg’s Rice Krispies will be able to claim between $5 and $15 from the class action lawsuit settlement.
At this time no settlement website has been established yet to detail how to submit a claim for the Rice Krispies settlement, but we will notify you when it becomes available. If the settlement is as similar as it appears to be to the Mini Wheats settlement, you will probably be able to once again claim your $5 refund without any proof of purchase.
Keep checking back here for the Kellogg’s Rice Krispies class action settlement website. In the meantime, you can read the settlement agreement in Weeks v. Kellogg here.
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