Kellogg Sales Co. is settling a class-action lawsuit for $13 million.
Earlier this week, Kellogg Sales Co. announced a $13 million settlement agreement to be paid to consumers who purchased cereals that were labeled ‘heart healthy’ or ‘lightly sweetened.’ The class-action suit was filed over allegations that the company “violated certain laws by labeling three of its cereals with certain nutritious statements.” However, the plaintiffs allege the products included in the suit “contained excessive amounts of sugar.”
The nationwide class-action suit included “anyone in the U.S. who, between Aug. 29, 2012, and May 1, 2020, purchased one of the Class Products in the United States, for household use and not for resale.” According to the suit, the class products included in the settlement are the following:
- Kellogg’s Original Raisin Bran and Kellogg’s Raisin Bran Crunch cereals in a package stating “heart healthy”
- Kellogg’s Smart Start Original Antioxidants cereal in a package stating “heart-healthy” and/or “lightly sweetened”
- Kellogg’s Frosted Mini-Wheats Bite Size (Original, Maple Brown Sugar, Strawberry, or Blueberry varieties), Big Bites (Original variety), Little Bites (Chocolate or Cinnamon Roll varieties), or Touch of Fruit in the Middle (Mixed Berry and Raspberry varieties) cereals in a package stating “lightly sweetened”
Despite the settlement, Kellogg’s has denied all wrongdoing. Both parties, Kellogg’s, and the class members agreed to the settlement to avoid the risks and costs that might come with prolonged litigation.
How can consumers get a chunk of the settlement, though? Well, according to the agreement, class members must submit a valid claim and will “receive a payment based on the type and amount of Class Products they purchased during the Class Period.” It’s important to note, however, that claims are limited to “two boxes per month of Raisin Bran and Frosted Mini-Wheats, and one box per month of Smart Start unless the Class Member submits proof of purchase,” according to the agreement. However, there is “no limit for claims that include proof of purchase.”
Proof of purchase may include showing a receipt, purchase order, invoice, or other types of documentation proving the product was purchased. For the average consumer, they can expect to receive about $16.09, though that total will vary depending on how many claims they file.
On top of the monetary settlement, Kellogg’s agreed to “certain injunctive relief related to the claims the company makes on the Class Products’ labels.” A final hearing to approve the settlement will take place on November 18, 2021, and the deadline to object or opt-out of the settlement is September 7, 2021. Additionally, the deadline to submit claim forms is September 7, 2021.