Jessica M. Karmasek May 30, 2013, 3:45pm

BATTLE CREEK, Mich. (Legal Newsline) -- A $4 million settlement has been reached in a class action lawsuit over Kellogg's Frosted Mini-Wheats cereal.

Consumers alleged in the lawsuit that the cereal was falsely advertised to improve children's attentiveness, memory and other cognitive functions to a degree not supported by competent clinical evidence.

Kellogg stands by its advertising and denies it did anything wrong. The settlement was the result of a compromise, according to San Diego-based Blood Hurst & O'Reardon LLP.

According to its website, the law firm specializes in the nationwide prosecution of class action lawsuits to obtain recoveries for its clients and "correct corporate wrongdoing."

The firm represented the consumer class in the lawsuit.

If approved by a federal court, the settlement will result in cash refunds for up to three boxes of cereal purchased during the time of the alleged false advertising.

To be eligible for a refund, purchasers must submit a valid claim. Customers can be submitted online at

The claims are for boxes of Frosted Mini-Wheats purchased from Jan. 28, 2009 to Oct. 1, 2009.

"This settlement represents an excellent recovery for consumers," Timothy Blood, one of the lawyers representing consumers, said in a statement Tuesday.

Kellogg, based in Battle Creek, Mich., told The Associated Press this week that the ad campaign at issue ran about four years ago. The company said it has since adjusted it to adhere to Federal Trade Commission guidelines.

From Legal Newsline: Reach Jessica Karmasek by email at

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