Thursday, June 4, 2009

Woman Thinks Crunchberry is a Real Berry

[LoweringTheBar.net] After 4 years of deception, a woman recently discovered that Cap'n Crunch's Crunchberries are in fact not a real berry. So she tried to sue on the grounds that she had been defrauded and a breach of warranty had occurred. "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."


Judge Morrison England, Jr. set her straight:

"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."

This is my favorite part: LoweringTheBar.net says, "The Plaintiff did not explain why she could not reasonably have figured this out at any point during the four years she alleged she bought Cap'n Crunch with Crunchberries."

I picture this woman as single and housing large amounts of cats.

Funny thing is, this is not the first time someone has sued a cereal company. While dismissing the case, Judge England quoted a similar case where a person tried to sue Fruit Loops for their lack of fruit.

0 comments: