Whole grain

The Kellogg Company advertised on the labels that its Cheez-It crackers were made with whole grain.  In fact, the primary ingredient in the crackers was enriched white flour.  The plaintiffs filed a class action against Kellogg, alleging that the labels were false and misleading.  The district court held that the whole grain labels would not mislead a reasonable consumer and dismissed the action.  The plaintiffs appealed.

The Second Circuit reversed the decision of the district court and remanded the case for further proceedings.  The Court rejected the contention that information on the side of the box, relating to the nutritional content of the crackers cured the misstatement.  It held that the plaintiffs had alleged a plausible claim and that the district's dismissal had been improper.

The decision in Mantikas v. Kellogg Co. can be found here.