Kellogg’s Special K Cranberry Almond Chewy Nut Bars Misleadingly Labeled, Class Action Argues
Leshchiner v. Kellogg Sales Company
Filed: July 3, 2022 ◆§ 1:22-cv-03464
A class action alleges the label of Kellogg’s Special K cranberry almond chewy nut bars is misleading to consumers.
Illinois
A proposed class action alleges the label of Kellogg’s Special K-brand cranberry almond chewy nut bars is misleading to consumers with regard to the actual amounts of cranberries and almonds in the product.
The 15-page suit alleges the product label “gives consumers the impression” that the chewy nut bars have a greater “absolute and relative amount of cranberries and almonds” than they actually do. Per the case, the Special K chewy nut bars’ ingredients list reveals peanuts as the predominant ingredient, while almonds are listed fifth, after raisins and corn syrup.
Notably, the product’s front label does not show any images of peanuts, even though the packaging of an identical item sold in other countries by defendant Kellogg Sales Company displays both peanuts and almonds, the lawsuit says.
“Based on laboratory analysis and/or review of the Product’s formulation, the approximate percentage of the Product that is peanuts is 20%, while almonds are 9%,” the suit claims. “While dried cranberries are listed second [in the ingredients list], ahead of raisins, the amount of these two ingredients is approximately the same.”
The filing notes that the chewy nut bars’ front label does not display raisins next to cranberries, and the product’s name does not include “raisins.” To that point, the case contends that calling the product “Cranberry Almond Chewy Nut Bars” is misleading and does not comply with federal and identical state food naming requirements.
“The name, ‘Cranberry and Almond – Chewy Nut Bars,’ does not tell consumers the Product contains a significantly greater relative amount of peanuts and raisins compared to almonds and cranberries,” the lawsuit says. “While consumers will see the words ‘Chewy Nut Bars’ below ‘Cranberry and Almond’ and may expect other ingredients, they will not expect other nuts to be present in an amount greater than the highlighted ingredient of almonds.”
The case contends that the value of the Special K chewy nut bars is materially less than its value as represented by Kellogg’s.
The lawsuit looks to cover consumers in Illinois, Arkansas, South Carolina, Montana, Mississippi, Alaska, Virginia, Louisiana and Oklahoma who bought Kellogg’s Special K-brand cranberry almond chewy nut bars within the applicable statute of limitations period.
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