BUFFALO, N.Y. (Legal Newsline) — A consumer class action alleges Kellogg's Smart Start cereal is fraudulently marketed as having roughly equivalent protein contribution from the cereal and milk.
Dameka Jones, individually and on behalf of all others similarly situated, filed a complaint Jan. 19 in the U.S. District Court for the Western District of New York against Kellogg Sales Company alleging violation of state consumer fraud acts and other claims.
According to Jones' class action, Kellogg's Smart Start cereal label states that the product is equal to 11 grams of protein with added milk. She alleges the "prominent claim of '11 grams of protein'" on the product's label is false and misleading.
Specifically, Jones claims the representation of 5 grams of protein from the cereal is misleading because the nutrition label shows "percentage contributions" to the cereal's protein content is different from what consumers expect. Jones alleges that despite the front label showing protein from the cereal and milk is "roughly equivalent" when only 25% of the protein is from the cereal alone and 75% is provided by the milk. She further alleges the product is sold at a "premium price" and that consumers pay more for the cereal due to the false representations on the product label.
Jones and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York and James Chung of The James Chung Law Office in Bayside, New York.
U.S. District Court for the Western District of New York Buffalo Division case number 1:23-CV-00049-LJV