Federal Judge has ruled that General Mills must stand trial in a lawsuit when it may have tricked consumers into thinking that Cheerios Protein was actually high in protein — when it actually just had loads and loads of sugar.
According to US District Judge Thelton Henderson, consumers may now pursue claims that General Mills broke the law by violating the Federal Nutrition Labeling and Education act, since it claimed that mislead consumers into thinking these Cheerios were actually high in protein.
Though “skeptical” it would succeed, Henderson also refused to dismiss the plaintiffs’ claim that reasonable consumers would likely be deceived by packaging for the cereal, noting that text mentioning its sugar content and being “sweetened” appeared in small print on the boxes.
Though Cheerios Protein has 7 grams of protein per serving versus 3 grams for regular Cheerios, the plaintiffs said the real difference was negligible because the serving size of Cheerios Protein, and the calorie content per serving, was twice as big — thus tricking consumers.
A Washington-based nonprofit group, the Center for Science in the Public Interest, filed the lawsuit last November on behalf of consumers in California and New York.
“We know that consumers are deceived to their detriment by this product,” CSPI litigation director Maia Kats said in an email, “and look forward to the opportunity now to prove so in court.”
