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Tuesday, September 29, 2009

'Froot' Is Not Fruit, San Francisco Lawsuit Alleges

Posted By on Tue, Sep 29, 2009 at 9:30 AM


click to enlarge PHOTO BY YO TE PREFIERO FUERA DE FOCO/FLICKR
  • Photo by yo te prefiero fuera de foco/Flickr

UPDATE: 'Froot Loops' lawyer says his client is no serial litigant.


According to Toucan Sam, avian mascot of Kellogg's Froot Loops cereal, "Follow my nose! It always knows! The flavor of froot! Wherever it grows!"

According to disgruntled consumer Roy Werbel, however, Sam's olfactory quest misleads consumers into mistaking junk food for naturally grown produce. Werbel recently filed a lawsuit in San Francisco federal court alleging that he bought and ate boxes of Froot Loops based on his mistaken belief the cereal contained fruit.

Kellogg's intentionally deceived consumers into buying Froot Loops by misleadingly using the word "froot" in the title, Werbel alleges. He demands unspecified punitive and actual damages, to be paid to all consumers who have mistakenly bought Froot Loops cereal. Had Werbel known that "Froot Loops contained no fruit, he would not have purchased it," his suit alleges.


Werbel's quest for a cereal containing natural, nutritious fruit did not stop at Froot Loops. He also bought and ate Cap'n Crunch Crunch Berries cereal with this goal in mind.

"He was misled by the packaging and marketing, which by design and intent convey the message that the product contains real fruit," Werbel stated in a separate lawsuit filed against Pepsico, maker of Cap'n Crunch cereal.

In light of Werbel's complaints against Pepsico and Kellogg's, SF Weekly finds it necessary to re-issue our occasional corporate caveat noting that, while our offices are located at 185 Berry Street, our publication should in no way be considered a nutritious source of fruit.

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Matt Smith

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