Crunchberrries aren't real fruit

xavierx · Joined: Nov 06, 2004 Posts: 5427

http://www.loweringthebar.net/2009/06/reasonable-consumer-would-know-c...chberri

Quote:

On May 21, a judge of the U.S. District Court for the Eastern District of California dismissed a complaint filed by a woman who said she had purchased "Cap'n Crunch with Crunchberries" because she believed it contained real fruit. The plaintiff, Janine Sugawara, alleged that she had only recently learned to her dismay that said "berries" were in fact simply brightly-colored cereal balls, and that although the product did contain some strawberry fruit concentrate, it was not otherwise redeemed by fruit. She sued, on behalf of herself and all similarly situated consumers, some of whom may believe that there are fields somewhere in our land thronged by crunchberry bushes.
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Quote:

In this case . . . while the challenged packaging contains the word "berries" it does so only in conjunction with the descriptive term "crunch." This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a "crunchberry." Furthermore, the "Crunchberries" depicted on the [box] are round, crunchy, brightly-colored cereal balls, and the [box] clearly states both that the Product contains "sweetened corn & oat cereal" and that the cereal is "enlarged to show texture." Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.

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I'm shocked! I can't believe the Cap'n has been lying to us for years, and the court let him get away with it!

tony7914 · Joined: Dec 24, 2004 Posts: 4965 Location: Peru Indiana

xavierx wrote:

http://www.loweringthebar.net/2009/06/reasonable-consumer-would-know-crunchberries-are-not-real-judge-rules.html

Quote:

On May 21, a judge of the U.S. District Court for the Eastern District of California dismissed a complaint filed by a woman who said she had purchased "Cap'n Crunch with Crunchberries" because she believed it contained real fruit. The plaintiff, Janine Sugawara, alleged that she had only recently learned to her dismay that said "berries" were in fact simply brightly-colored cereal balls, and that although the product did contain some strawberry fruit concentrate, it was not otherwise redeemed by fruit. She sued, on behalf of herself and all similarly situated consumers, some of whom may believe that there are fields somewhere in our land thronged by crunchberry bushes.
...

Quote:

In this case . . . while the challenged packaging contains the word "berries" it does so only in conjunction with the descriptive term "crunch." This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a "crunchberry." Furthermore, the "Crunchberries" depicted on the [box] are round, crunchy, brightly-colored cereal balls, and the [box] clearly states both that the Product contains "sweetened corn & oat cereal" and that the cereal is "enlarged to show texture." Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.

...

I'm shocked! I can't believe the Cap'n has been lying to us for years, and the court let him get away with it!

Well I could have told her they don't grow on bushes! They grow on trees Smile

I have some right next to the money trees I planted for the Obama administration!

louis-the-cat · Joined: May 13, 2006 Posts: 307

"Well I could have told her they don't grow on bushes! They grow on trees , I have some right next to the money trees I planted for the Obama administration!"

watch they don't cross fertilize.....you'll get credit-crunch-berries Embarassed

tony7914 · Joined: Dec 24, 2004 Posts: 4965 Location: Peru Indiana

Sgt Schultz · Joined: Dec 07, 2002 Posts: 7378 Location: St. Louis area

Next you'll tell me that Count Chocula really isn't a Count!