Anne Bucher  |  December 10, 2013

Category: Consumer News

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Kelloggs Original Mini WheatsAlthough the Kellogg’s Frosted Mini-Wheats class action settlement was granted final approval in September, the distribution of benefits has been delayed by appeals. This delay is part of the roller coaster ride the class action settlement has been subject to since it was first approved more than three years ago. Last month, a federal judge overruled the objections and again granted final approval to the class action settlement. However, it is uncertain when the awards will be distributed to consumers.

In 2012, the Ninth Circuit Court of Appeals rejected a proposed class action settlement worth $10 million, finding that the settlement terms were “too vague” and unfairly compensated Class Members. The appellate court found that although the class action settlement’s charitable contribution was “noble,” it was unrelated to the fair competition and consumer protection claims set forth in the class action lawsuit.

Following the Ninth Circuit’s rejection, the parties agreed to revise the Frosted Mini-Wheats class action settlement to remove the $5.5 million cy pres award that was designated to charities that feed the hungry, agreeing instead to send the unclaimed funds to a variety of consumer protection groups. Judge Gonzales preliminarily approved this revised version of the class action settlement in May 2013.

When U.S. District Judge Irma E. Gonzales granted final approval to the revised Frosted Mini-Wheats settlement in September, she overruled six objections from a class consisting of hundreds of thousands of consumers. Seven more objectors filed appeals after Judge Gonzales granted final approval to the deal. Adding to the complexity of the class action lawsuit, the judge was removed from the case, which was subsequently reassigned to U.S. District Judge James Lorenz.

On Nov. 14, Judge Lorenz overruled all objections to the final approval of the Kellogg’s Frosted Mini-Wheats settlement and again granted final approval to the class action settlement.

The class action lawsuit was initially filed in 2009 by consumers who claim that Kellogg Co. made false and unsubstantiated representations in advertising and labeling its Frosted Mini-Wheats cereals. Class Members include all persons and entities in the United States who purchased Frosted Mini-Wheats cereal products between Jan. 28, 2008 and Oct. 1, 2009.

Class Members who submitted timely and valid Claim Forms by the Nov. 29, 2013 deadline may be able to receive $5 per box of Frosted Mini-Wheats purchased, up to a maximum of $15 for the purchase of three boxes. If the total number of valid claims is less than the amount of money available from the Settlement Fund, Class Members could be eligible for a potential recovery of $45.

Because of the numerous appeals to the class action settlement, it is currently uncertain when the awards will be distributed. More information can be found at www.CerealSettlement.com. Keep checking Top Class Actions for updates about the Kellogg’s Frosted Mini-Wheats class action settlement or sign up for our free weekly e-newsletter below.

The Kellogg’s Frosted Mini Wheats Class Action Lawsuit is Dennis, et al. v. Kellogg Co., Case No. 3:09-cv-01786, in the U.S. District Court for the Southern District of California.

UPDATE: On Apr. 18, 2016, Class Members who submitted timely and valid claims for the Kellogg’s settlement began receiving checks worth as much as $11.44.

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

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8 thoughts onKellogg’s Frosted Mini-Wheats Settlement Benefits Delayed by Appeals

  1. Joy Wortham says:

    I received $11.44 in Ohio today.

  2. Angella in Tennessee says:

    Thanks for the updates on the settlement, I could not find any info on the website and was wondering what had happened. I hope they get everything approved and get us more updates soon.

  3. ANGEL IN CALIFORNIA says:

    ANY NEWS ON THIS SETTLEMENT.

  4. sharp301 says:

    Any news on when this lawsuit will be settled or will it be reversed on appeal?

  5. CLAIM ADM says:

    The original settlement was appealed and ultimately not approved. A revised settlement has been neg. Details regarding the revised settlement will be available shortly. If you submitted a claim in prior settlement, you do not have to submit another claim. You will automatically be paid based on original claim and number of boxes selected.

  6. jennell says:

    wait wait wait

  7. Kathy Cook says:

    Settlement Hearing

    A Settlement Hearing was held on September 9, 2013 at 10:30 a.m. After the hearing, the Court approved the settlement. If there are no appeals, the cash payments will be distributed 30 days after the close of the Claim-In Period. If the settlement is overturned on appeal, no cash payments will be made.

    http://www.cerealsettlement.com/

  8. Rita Lee says:

    Thanks for all this good info.
    Have a great Holiday with your Family.

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