The lawyer claimed Froot Loops and other junk cereals have tried to pass themselves off as healthful foods for years, and states the companies have been deceptively marketing their products as nourishing and fruit-filled breakfasts to uneducated, lower-income folks (though his client, Werbel, is "educated."). If this case advances, Kravitz says he's confident many consumers will come out of the woodwork claiming they, too, were deceived into buying these cereals because they felt the terms "Froot Loops" and "Crunchberries" implied fruit was used in the products (though the lawyer admits "of course they should have read the ingredients.").
Naturally, if Werbel and Kravitz feel it's a misrepresentation for Froot Loops and Crunchberries to use these fruity monikers, we wondered what the lawyer thought about the most inapropos cereal name of them all: Grape-Nuts. That cereal contains wheat, malted barley, salt, and yeast. No grapes, no nuts.
"That's news to me," notes the lawyer. "I thought there were nuts in that cereal."
Kravitz argued, in fact, that there must be nuts in Grape-Nuts (there aren't and there mustn't), before noting that he couldn't comment on that any further.
Sadly, we never got to ask him about Lucky Charms representing the product as a talismanic distributor of good fortune or Fruity Pebbles using that description for a food that contains neither fruit nor pebbles.