Judge: Of Course "Crunch Berries" Are Not Fruit!

[The Straight Story]

Judge: Of Course "Crunch Berries" Are Not Fruit!

SACRAMENTO, CA - A federal judge has dismissed a lawsuit from a California woman who claimed she was deceived into buying Cap'n Crunch cereal during a four-year period because she thought "Crunch Berries" were real fruit.

Janine Sugawara filed a class-action suit last June against Quaker's parent company PepsiCo, seeking full restitution of all money gained through misleading labelling and a court order forcing Quaker to provide public notice of the true composition of Crunch Berries.

In his order dismissing the lawsuit, Judge Morrison England, Jr. said "a reasonable consumer would have understood the product packaging to expressly warrant only that the product contained sweetened corn and oat cereal, which it did."

"As far as this court has been been made aware, there is no such fruit (Crunch Berries) growing in the wild or occurring naturally in any part of the world," England wrote.

http://www.news10.net/news/local/story.aspx?storyid=60515&provider=top

[walldude]

1. I'm starting to think I should just give up.

Reading, listening, watching. I keep thinking how bad "the people" are getting screwed over. Then I read something like this and realize that "the people" are as bad as their leaders.

[Mz Pip]

2. This woman is a Fruit Loop

with the IQ of CoolWhip.

Mz Pip

[Ikonoklast]

5. The makers of CoolWhip were sued for fraud by someone that thought

it was actually whipped cream and not aerated hydrogenized vegetable oil, IIRC.

Another idiot that never reads the ingredient label of what he's eating.

[kirby]

3. This concerns me...

Apparently consuming Crunch Berries for a four-year period causes brain damage. Perhaps there is something to be concerned about.

BTW, this post prompted me to double check my other cereals. Damn if my Frosted Flakes aren't actually snow covered! And my Fruity Pebbles contain no fruit! WTF!

[Mz Pip]

6. It probably doesn't

contain any pebbles, either. :shrug:

Mz Pip

[knitter4democracy]

11. Ugh. I hate Fruity Pebbles.

When the Post plant in town burns a batch, the whole town smells of that stuff, and it's enough to make me queasy. I don't think I could ever eat it now.

[Bjorn Against]

4. I have to wonder if this case was planted to help them get tort reform

This case is just so ridiculous that it doesn't seem like it could even make it before a judge, and I am sure the woman was mocked and ridiculed mercilessly the moment she even suggested taking this case to court. Let's look at who benefits from a case like this going to court though, it certainly was not the woman she had no chance of winning this case to begin with and if she had an IQ above 10 I am sure she knew that. The people looking to push through tort reform to limit people's ability to sue however have a lot to gain from a case like this, they can point to this as an obviously frivolous lawsuit and use it to sell us the idea that we need to limit people's ability to sue corporations. I suspect this case was planted as part of a corporate agenda, it is too ridiculous to be a serious case.

[Mz Pip]

8. Having served on a jury

on what I considered a frivolous lawsuit (in which the plaintiff won a $750,000 settlement) I would say that lawsuits like this are not all that unusual. I was surprised at how cavalier the other jurors were in giving away someone else's money to someone who made filing bogus claims a lucrative hobby. Civil trial 9 -3. I was one of the 3.

Maybe this one just went before a judge who had some common sense, but if it had gone before a jury, she just might have won. Strager things have happened.

[Winterblues]

7. Aha but is it a real Captain that makes them?

That is the question and if it isn't then there are severe damages to all that have eaten them....

[carlyhippy]

9. This woman was simply trying to get rich quick

I can't believe this suit even got this far, she wasted her time, the judge's time, money on lawyers, she cannot be so simple that she believes crunch berries are real fruit, come on.

[bulloney]

10. Who was the attorney for this dufus? Franken Berry?

[Swede]

13. Dewey,Screwem & Howe.

[walldude]

12. Next it will be "There were no Captains in my Captain Crunch.

And I'm getting tired of not getting any cocaine in my coke, maybe I should sue.

[TlalocW]

14. So the Boo-Berries I buy once a year at Halloween

Are not made from the ectoplasmic harvesting of dead blueberries by the nimrods who star on those Ghost Hunter shows?

And Frankenberries aren't made from re-animated strawberry corpses?

Bastards!

TlalocW