Kellogg Class Action Lawsuit Claims Froot Loops Serving Size Falsely Advertised

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A proposed class action lawsuit claims Kellogg has falsely advertised the number of servings in its Froot Loops with Marshmallows cereal, resulting in consumers receiving less food per box than they believe they are paying for.

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According to the 41-page lawsuit, filed against WK Kellogg Co and Walmart Inc., the advertised mass of each one-and-one-third cup serving of Kellogg’s Froot Loops with Marshmallows cereal (which comes in 23.7 oz, 16.2 oz and 9.3 oz sizes) is less than the actual mass, meaning each box of cereal actually contains fewer servings than represented on the packaging.

For example, the filing states that the 16.2 oz Froot Loops box claims to have “about 12 servings” of cereal, which, by FDA regulations, should mean between 11.5 and 12.49 servings. On the boxes’ Nutrition Facts panel, the case says, Kellogg represents that one serving of cereal is one-and-one-third cup and has a mass of 39 grams.

The lawsuit alleges, though, that according to independent testing commissioned by the plaintiff, each one-and-one-third cup serving actually has a mass of 45.26 grams. With the overall mass of the box being 459 grams, each box of cereal contains only 10.16 servings, the complaint states, which is 15.33% short of what the packaging promises. The suit further claims that because Kellogg uses the same miscalculated serving size mass for the other box sizes of its Fruit Loops cereal, each contains fewer servings of cereal than the packaging claims.

A reasonable consumer, the lawsuit says, expects that the representations on food product packaging about serving size and total number of servings will be truthful. The complaint alleges that Kellogg knew or should have known about the error in its serving size calculations and instead both misled consumers into paying more for less cereal and failed to meet its own standard of “[providing] consumers with high-quality products.”

The lawsuit also alleges that Walmart, which sells the Froot Loops with Marshmallows cereal in its retail stores, is also at fault given its promises to “help people around the world save money” and “make trust a competitive advantage.” Per the case, the retailer has both cost consumers money in their cereal purchases and broken their trust by allowing products packaged with fraudulent claims to be sold in its stores.

The Kellogg’s Froot Loops class action lawsuit seeks to represent anyone in the state of New York who purchased any of the Froot Loops with Marshmallows products for personal, family or household use and not for resale within the applicable statute of limitations period.

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