A federal judge in California has dismissed a complaint filed by a San Diego woman who had bought "Cap'n Crunch with Crunchberries" for four years believing the cereal contained real berries.
Janine Sugawara cried fraud when she learned the "berries" were only colored cereal balls flavored with strawberry concentrate. She sued the manufacturer on behalf of all crunchberry-eating Americans.
Judge Morrison England Jr. drowned the claim with the milk of common sense:
"This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a "crunchberry." ... 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."
"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 in reliance on defendant's fraud."
The judge's rebuke also noted that another federal court had previously rejected a similar suit filed by Sugawara's attorneys claiming Fruit Loops did not contain real, um, fruit.
http://blogs.usatoday.com/ondeadlin...claiming-crunchberrries-arent-real-fruit.html
LOL
Next we'll learn that Captain Crunch isn't really a captain.
Janine Sugawara cried fraud when she learned the "berries" were only colored cereal balls flavored with strawberry concentrate. She sued the manufacturer on behalf of all crunchberry-eating Americans.
Judge Morrison England Jr. drowned the claim with the milk of common sense:
"This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a "crunchberry." ... 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."
"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 in reliance on defendant's fraud."
The judge's rebuke also noted that another federal court had previously rejected a similar suit filed by Sugawara's attorneys claiming Fruit Loops did not contain real, um, fruit.
http://blogs.usatoday.com/ondeadlin...claiming-crunchberrries-arent-real-fruit.html
LOL
Next we'll learn that Captain Crunch isn't really a captain.
