Mantikas v. Kellogg Company

Class action: “Whole Grain” Cheez-It crackers have more enriched white flour than whole grain in them. False and misleading advertising? Manufacturer: The front of the box says exactly how much whole grain is in them—5 or 8 grams. (Per 29-gram serving.) District court: Case dismissed. Second Circuit: Vacated. “Such a rule would permit Defendant to lead consumers to believe its Cheez‐Its were made of whole grain so long as the crackers contained an iota of whole grain, along with 99.999% white flour.”

Tags: 2018, Class Action, Consumer Protection, False Advertising, Second Circuit

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