Thursday, July 07, 2011

8973: Snap, Crackle And Pop Goes The Lawsuit.


It’s always interesting to see banners like the one above, as they pique curiosity on topics people would normally never consider. But a slow news day inspired clicking, which led to a site announcing the following:

If you purchased Kellogg’s Rice Krispies Cereal or Cocoa Krispies Cereal between June 1, 2009 and March 1, 2010, you may be entitled to a cash refund from a class action settlement.

The settlement resolves a lawsuit over whether Kellogg Company falsely advertised that Rice Krispies cereal and Cocoa Krispies cereal supported a person’s immunity system despite not having competent clinical evidence to support the claim. Kellogg stands by its advertising and denies it did anything wrong. The Court did not decide who was right.

Instead, both sides agreed to a settlement. By agreeing to a settlement, the Parties avoid the costs and risk of a trial and the Class will get compensation. The Class Representatives and their attorneys believe that the settlement is in the best interests of the Class Members.

A quick Google search revealed a USA TODAY story providing more details. Not sure what possesses companies like Kellogg’s to lose their minds and pursue such bizarro claims. Perhaps focus groups expressed amazement at the medicinal benefits of Cocoa Krispies. Who would have thought Rice Krispies Treats might stave off cold and flu symptoms. Hey, didn’t realize Snap, Crackle and Pop even had medical degrees. Any advertising hyping such statements should have been handled like pharmaceutical marketing, replete with FDA-mandated disclaimers (e.g., “Side effects include crispy, chocolatey stool…”). Now Kellogg’s—while standing behind its messages and denying wrongdoing—is backpedaling and offering refunds. Company officials are probably sputtering, “Sorry, we actually meant the cereal supports your child’s diplomatic immunity.” And hopefully, Messrs. Snap, Crackle and Pop received full immunity before taking the stand to testify.

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