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Wednesday, March 30, 2005

Reason for Tort Reform #2342948754


A lawsuit by a San Diego mother claims that lower-sugar versions of Cocoa Puffs and Froot Loops may seem healthier, but they're really a bunch of Trix.

Jennifer Hardee has sued three big cereal companies, accusing them of misleading advertising through prominent "low sugar" packaging. She was surprised to learn from an Associated Press story last week that the new cereals have no significant nutritional advantage to regular versions of the popular kids' breakfast cereals.
So, I'm guessing she can't read the labels? That has to be the reason, right? She wouldn't be out for a fast buck, right?
Howard Rubinstein of Miami, one of the lawyers representing Hardee, said the companies have intentionally misled consumers by displaying low-sugar labels prominently on the packages. Consumers don't always understand the details in nutritional labels, he said.

"A lot of people, quite frankly, don't have the educational ability to make those decisions. They rely on the one-line ad," he said Monday. "It is that kind of an ad that adds a lot of ambiguity, and it shouldn't."

That is a complete and total crock. If they can read a one-line ad, they can read the numbers on the side of the box after the words "Calories" and "Fat". If they've made it through 4th grade, they can read a nutrition labels- the nanny state school systems make sure of that. And, honestly, what parent doesn't know that 99% of cereals out there are full of sugar and not much else?

You want to feed your kids a good breakfast? Try some protein (eggs, lean meat, cheese, or yogurt) and some fruit. A glass of milk. Maybe a carb or two (some oatmeal or granola or whole wheat toast with peanut butter on it). But, yeah... those sugary cereals are the next best thing, right? Right along with Pop Tarts.
Hardee's lawsuit, filed last week in San Diego County Superior Court, seeks to force the companies to surrender profits from low-sugar cereals and to stop them from marketing the products as nutritionally superior.

The suit seeks class-action status on behalf of all California consumers who bought the new cereals believing they were healthier, said attorney Harold M. Hewell of San Diego.
Oh, well... never mind... they won't win, because none of the cereal companies made the claim that the products are nutritionally superior. Oh, wait... it was filed in California... Well, drat.



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