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"Crunchberries" are not Berries, Federal Court Rules

Yes, someone actually sued PepsiCo (maker of Cap'n Crunch cereal) for misrepresentation. Poor Janine Sugawara claimed that she thought "Cap'n Crunch's Crunchberries" cereal really contained a fruit named "crunchberry." Alas, she discovered to her horror that the "crunchberries" were colorful cereal balls impregnated with strawberry fruit concentrate. Ms. Sugawara naturally filed a putative class action on behalf of all persons similarly duped, but the Eastern District of Califonia granted Defendant's motion to dismiss, after consulting its dictionary and finding no fruit named "crunchberry."

The court's dismissal of the case contains the following sentence: "The survival of the instant claim would require this Court to ignore all concepts of personal responsibility and common sense. The Court has no intention of allowing that to happen."

Plaintiff's attorney was one Harold Marion Hewell of San Diego.

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.