Suit Over Lack Of Fruit In Crunch Berries Chucked

Law360, New York (July 6, 2010, 2:16 PM EDT) -- A federal judge has tossed as "nonsense" a proposed class action against PepsiCo Inc. alleging that consumers were being misled to believe that the company's Cap'n Crunch's Crunch Berries breakfast cereal might actually contain real fruit.

Judge Saundra Brown Armstrong dismissed the amended complaint filed in the U.S. District Court for the Northern District of California on Friday, ruling that "no reasonable consumer would believe that Cap'n Crunch derives any nutritional value from berries."

"'Crunch Berries' is nothing more than a fanciful name for the 'Sweetened...
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