On March 9, 2020, Judge William H. Orrick of the U.S. District Court for the Northern District of California granted class certification in Krommenhock v. Post Foods, a false advertising suit alleging that Post Foods misbranded a variety of their cereal products as healthy (e.g., representing the product as “Nutritious” on the front label) despite containing high levels of added sugar. A copy of the Court’s Order granting class certification can be found here.
The Court’s decision in Krommenhock follows a pending settlement in Hadley v. Kellogg, a similar false advertising suit where consumers allege that Kellogg’s products are falsely advertised as “lightly sweetened” or “wholesome goodness” when the products contain high levels of added sugar.
The decision in Krommenhock and the potential settlement in Hadley, alongside consumers’ increasing preference for healthier food, signal that products containing high levels of sugar will continue to be challenged under growing false advertising litigation in the near future.
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About Joshua Nassir
Joshua Nassir's practice is focused on consumer litigation. Josh is an associate in the firm's California office.