SYRACUSE, New York (Legal Newsline) – Four New York consumers allege Kellogg markets "high-sugar" foods with deceptive health and wellness claims.
Melody DiGregorio, Eric Fishon, Kerry Austin and Nafeesha Madyun, on behalf of themselves all others similarly situated and the general public, filed a complaint on May 28 in the U.S. District Court for the Northern District of New York against Kellogg Sales Co. alleging fraud, intentional and negligent misrepresentation, breach of express and implied warranties and unjust enrichment.
The suit concerns the defendant's varieties of Raisin Bran, Frosted Mini-Wheats, Smart Start and Nutri-Grain bars. The plaintiffs allege the products contain high amounts of added sugars but the defendant's marketing and labeling statements suggest its foods are "healthy choices," the suit states.
The plaintiffs allege the defendant's marketing is deceptive because the health and wellness claims are "incompatible with the dangers of the excessive sugar consumption to which these foods contribute," the suit states. They allege the defendant uses the claims to increase the price, sales and market share of its products.
The plaintiffs are seeking a trial by jury, interest, attorneys' fees and other relief deemed fit. They are represented by Jack Fitzgerald of The Law Office of Jack Fitzgerald PC in San Diego, California.
U.S. District Court for the Northern District of New York case number 3:19-CV-00632