SAN FRANCISCO (Legal Newsline) — A California man is suing Kellogg's, alleging false advertising and unfair competition.
Stephen Hadley of Monterey filed a class action complaint, on behalf of himself, all others similarly situated and the general public, Aug. 29 in U.S. District Court for the Northern District of California against Kellogg Sales Company, alleging misleading consumers into purchasing deceptive products.
According to the complaint, Hadley and the class he represents, unknowingly purchased high-sugar cereals or bars, manufactured by Kellogg's that bore health and wellness claims that were false.
The suit says as a result of Kellogg's practices, the plaintiffs have suffered bodily injury in the form of increased risk of CHD, stroke and other morbidity, plus financial damages for the amount paid for the cereal products.
The plaintiff alleges Kellogg's failed to warn consumers to the effects of high-sugar consumption, failed to reflect the true nutritional information of its products and failed to manufacture products that were true to their health and wellness claims.
Hadley seeks trial by jury, judgment against the defendant, certification as a class action suit, a corrective advertising campaign, restitution, interest, court costs, expenses, attorney fees and all other relief the court deems just. The plaintiffs are represented by attorneys Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of the Law Office of Jack Fitzgerald PC in San Diego.
U.S. District Court for the Northern District of California Case number 16-cv-04955