Court rules: Crunchberries are not real berries

  • Timbales

    Posts: 13993

    Jun 05, 2009 12:45 PM GMT
    QUOTE AUTHOR GOES HEREReasonable Consumer Would Know "Crunchberries" Are Not Real, Judge Rules
    There are days every now and then when my actual legal work directly intersects with my blog work. This is one of those days.

    On May 21, a judge of the U.S. District Court for the Eastern District of California dismissed a complaint filed by a woman who said she had purchased "Cap'n Crunch with Crunchberries" because she believed "crunchberries" were real fruit. The plaintiff, Janine Sugawara, alleged that she had only recently learned to her dismay that said "berries" were in fact simply brightly-colored cereal balls, and that although the product did contain some strawberry fruit concentrate, it was not otherwise redeemed by fruit. She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.

    According to the complaint, Sugawara and other consumers were misled not only by the use of the word "berries" in the name, but also by the front of the box, which features the product's namesake, Cap'n Crunch, aggressively "thrusting a spoonful of 'Crunchberries' at the prospective buyer." Plaintiff claimed that this message was reinforced by other marketing representing the product as a "combination of Crunch biscuits and colorful red, purple, teal and green berries." Yet in actuality, the product contained "no berries of any kind." Plaintiff brought claims for fraud, breach of warranty, and our notorious and ever-popular California Unfair Competition Law and Consumer Legal Remedies Act.

    Under the UCL, courts have held that a plaintiff must show that a representation was "likely to deceive a reasonable consumer." [As a disclaimer, I should tell you that my firm represents defendants in UCL cases (among others).] Actual fraud claims, and warranty claims, are harder to prove, so if Sugawara didn't win on the UCL claims, she would be leaving without even any lovely parting gifts. And she did not:

    In this case . . . while the challenged packaging contains the word "berries" it does so only in conjunction with the descriptive term "crunch." This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a "crunchberry." Furthermore, the "Crunchberries" depicted on the [box] are round, crunchy, brightly-colored cereal balls, and the [box] clearly states both that the Product contains "sweetened corn & oat cereal" and that the cereal is "enlarged to show texture." Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.

    The court, Judge Morrison England, Jr., also pointed out that the plaintiff acknowledged in her opposition to the motion to dismiss that "[c]lose inspection [of the box] reveals that Crunchberries . . . are not really berries." Plaintiff did not explain why she could not reasonably have figured this out at any point during the four years she alleged she bought Cap'n Crunch with Crunchberries in reliance on defendant's fraud.

    Finally, the court held that while a first-time loser on a motion to dismiss would typically get a chance to amend the complaint, this one wouldn't:

    In this case, . . . it is simply impossible for Plaintiff to file an amended complaint stating a claim based upon these facts. The survival of the instant claim would require this Court to ignore all concepts of personal responsibility and common sense. The Court has no intention of allowing that to happen.

    Case dismissed.

    Judge England also noted another federal court had "previously rejected substantially similar claims directed against the packaging of Fruit Loops [sic] cereal, and brought by these same Plaintiff attorneys." He found that their attack on "Crunchberries" should fare no better than their prior claims that "Froot Loops" did not contain real froot.



    I hope Frankenberries are real berries, though.....
  • Timbales

    Posts: 13993

    Jun 05, 2009 1:46 PM GMT
    jprichva saidThis had to come from The Onion.


    http://consumerist.com/5279181/alert-crunchberries-are-not-real-berries
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    Jun 05, 2009 1:59 PM GMT
    I use to love "Crunchberries as a kid. The were all a strawberry flavor back then. They fucked up the cereal by changing it to a mixed berry. Now it just taste nasty. Blueberry oatmeal for me. yum!

    Any fool know its not real fruit, so this must be from the Onion.
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    Jun 05, 2009 2:37 PM GMT
    When are they going to rule on Dingleberries?
  • calibro

    Posts: 8888

    Jun 05, 2009 2:43 PM GMT
    eh.... it's all about Lucky Charms anyways
  • Posted by a hidden member.
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    Jun 05, 2009 2:44 PM GMT
    calibro saideh.... it's all about Lucky Charms anyways
    But can we prove they are really lucky?icon_eek.gif
  • calibro

    Posts: 8888

    Jun 05, 2009 2:46 PM GMT
    ActiveAndFit said
    calibro saideh.... it's all about Lucky Charms anyways
    But can we prove they are really lucky?icon_eek.gif


    well, let's just say if you have box, then your chances of me coming over and you getting lucky with my charms greatly increases
  • Posted by a hidden member.
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    Jun 05, 2009 2:53 PM GMT
    Has anyone called 911 to report this crime?
  • calibro

    Posts: 8888

    Jun 05, 2009 2:55 PM GMT
    pdxor saidHas anyone called 911 to report this crime?


    I think that number is reserved only for McDonalds
  • topper

    Posts: 8

    Jun 05, 2009 3:32 PM GMT
    icon_razz.gif This totally made my day.... to funny for words
  • MusicMan87

    Posts: 305

    Jun 05, 2009 4:02 PM GMT
    calibro said
    ActiveAndFit said
    calibro saideh.... it's all about Lucky Charms anyways
    But can we prove they are really lucky?icon_eek.gif


    well, let's just say if you have box, then your chances of me coming over and you getting lucky with my charms greatly increases


    hahahah omg i fell over laughing icon_smile.gif
  • Bunjamon

    Posts: 3161

    Jun 05, 2009 4:04 PM GMT
    What a f*cking lunatic! People like this embarass me. icon_redface.gif
  • Posted by a hidden member.
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    Jun 05, 2009 4:20 PM GMT
    calibro said
    ActiveAndFit said
    calibro saideh.... it's all about Lucky Charms anyways
    But can we prove they are really lucky?icon_eek.gif


    well, let's just say if you have box, then your chances of me coming over and you getting lucky with my charms greatly increases
    I guess luck is a matter of perspective!!! icon_surprised.gificon_eek.gificon_lol.gif
  • Posted by a hidden member.
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    Jun 05, 2009 4:30 PM GMT
    Maybe we should submit this topic as a part of Sonya Sotomayor's confirmation hearing icon_lol.gif
  • Posted by a hidden member.
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    Jun 05, 2009 4:38 PM GMT
    icon_eek.gif I even found this story in wikipedia!!
    http://en.wikipedia.org/wiki/Cap%27n_Crunch#LitigationOn May 21, 2009 Judge Morrison England, Jr. of the U.S. District Court for the Eastern District of California dismissed a complaint filed by a woman who said she had purchased "Cap'n Crunch with Crunchberries" because she believed "crunchberries" were real fruit. The plaintiff, Janine Sugawara, alleged that after four years of purchasing the product she had only recently discovered to her dismay that said "berries" were in fact simply brightly-colored cereal balls. The judge commented "In this case,... it is simply impossible for Plaintiff to file an amended complaint stating a claim based upon these facts. The survival of the instant claim would require this Court to ignore all concepts of personal responsibility and common sense. The Court has no intention of allowing that to happen."[10]

    Also .. Cap'n Crunch was a Jailbird icon_surprised.gif
    http://en.wikipedia.org/wiki/Cap%27n_Crunch#Relation_to_hacking_cultureIn early 1971, a Vietnam War veteran named John Draper (later nicknamed Captain Crunch, Crunch, or Crunchman) discovered with his friend Joe Engressia that a toy whistle that was, at the time, packaged in boxes of the cereal could be easily modified to emit a tone at precisely 2600 hertz, the same frequency that was used by AT&T long lines to indicate that a trunk line was ready and available to route a new call. This would effectively disconnect one end of the trunk, allowing the still-connected side to enter an operator mode. This resulted in, among other things, the ability to place free phone calls to anywhere in the world and operator-like control over the phone system. Experimenting with this whistle inspired Draper to build blue boxes, electronic devices capable of reproducing this 2600 Hz tone. He was sentenced in October 1971 to five years’ probation for toll fraud.
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    Jun 05, 2009 5:12 PM GMT
    This is why I hate activist liberal judges. First they tell Massachusets gays can marry, and now they are telling god what is or is not a fruit!

    Next goats will be marrying penguins and eating pistachos because the government tells them they are fish! Madness I say, madness!*



    * with apologies for excessive use of exclamation points.
  • Posted by a hidden member.
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    Jun 05, 2009 5:16 PM GMT
    This illustrates my belief that one can never underestimate the intelligence of today's citizens.
  • Posted by a hidden member.
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    Jun 05, 2009 5:17 PM GMT
    MunchingZombie saidThis is why I hate activist liberal judges. First they tell Massachusets gays can marry, and now they are telling god what is or is not a fruit!

    Next goats will be marrying penguins and eating pistachos because the government tells them they are fish! Madness I say, madness!*

    * with apologies for excessive use of exclamation points.
    Crunchberries and penguins?? icon_mad.gif off topic alert!!
    How about two gay penguins raising adopting a chick??icon_biggrin.gif
    http://www.huffingtonpost.com/2009/06/04/two-gay-penguins-and-a-ch_n_211497.htmlBERLIN — A German zoo says a pair of gay male penguins are raising a chick from an egg abandoned by its parents.

    Homosexual behavior has been documented in many animal species.
    The zoo said in a statement on its Web site Thursday that "sex and coupling in our world don't always have something to do with reproduction."
  • Posted by a hidden member.
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    Jun 05, 2009 5:20 PM GMT
    PLEASE tell me Apple Jacks is made with REAL Apples?!?!?!?!?!








    ADM! Money was wasted on this shit?!?!?!?!?!
  • Posted by a hidden member.
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    Jun 05, 2009 5:24 PM GMT
    a1972guy saidPLEASE tell me Apple Jacks is made with REAL Apples?!?!?!?!?!
    icon_rolleyes.gif You are comparing apples to berries icon_lol.gif
  • Posted by a hidden member.
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    Jun 05, 2009 5:26 PM GMT
    Something about being dumb as a box of rocks comes to mind. Someone who spends soooooo much time trying to find a way to get around actually having to work to bring money home...
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    Jun 05, 2009 5:32 PM GMT
    ActiveAndFit said
    a1972guy saidPLEASE tell me Apple Jacks is made with REAL Apples?!?!?!?!?!
    icon_rolleyes.gif You are comparing apples to berries icon_lol.gif



    As opposed to Crunchberries to berries?!?!?!?!?!?!
  • danisnotstr8

    Posts: 2579

    Jun 05, 2009 5:34 PM GMT
    barbie-cereal.jpg

    Are you telling me there's no real Barbie in this?
  • Posted by a hidden member.
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    Jun 05, 2009 5:36 PM GMT
    a1972guy said
    ActiveAndFit said
    a1972guy saidPLEASE tell me Apple Jacks is made with REAL Apples?!?!?!?!?!
    icon_rolleyes.gif You are comparing apples to berries icon_lol.gif


    As opposed to Crunchberries to berries?!?!?!?!?!?!
    AhHaaa! Now you've got it icon_lol.gif
  • Posted by a hidden member.
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    Jun 05, 2009 5:36 PM GMT
    steltom saidSomething about being dumb as a box of rocks comes to mind. Someone who spends soooooo much time trying to find a way to get around actually having to work to bring money home...


    As dumb as a box of Crunchberries.