BOSTON (Legal Newsline) – Two Massachusetts consumers allege a brand of cereal is deceptively marketed as if it is primarily sweetened with honey.
Anita S. Lim and Susan Wrublewski filed a complaint individually and on behalf of others similarly situated on Oct. 5 in the U.S. District Court for the District of Massachusetts against Post Consumer Brands LLC citing the Minnesota Consumer Fraud Act, breach of express warranty and other counts.
According to the complaint, the plaintiffs allege that based on the packaging of the defendant's Honey Bunches of Oats cereals, they believed the product was primarily, if not exclusively, sweetened with honey. They allege the defendant makes misleading representations about the cereal because the cereal is primarily sweetened with sugar, corn syrup or other processed substances and only contain "miniscule amounts of honey."
The plaintiffs hold Post Consumer Brands LLC responsible because Honey Bunches of Oats allegedly do not conform to the express warranty created by Post's description of the product.
The plaintiffs request a trial by jury and seek judgment against defendant for monetary damages, interest, costs, attorney's fees, and further relief as the court deems just. They are represented by Kenneth D. Quat of Quat Law Offices in Framingham, Massachusetts and Michael R. Reese and Carlos F. Ramirez of Reese LLP in New York.
U.S. District Court for the District of Massachusetts case number 1:18-cv-12100