On August 10, 2016, Kaplan Fox, working with co-counsel, defeated an effort by General Mills to dismiss claims brought by consumers in California and New York that the marketing and product labeling for “Cheerios Protein” is deceptive and misleading to consumers because they allege “Cheerios Protein” contains excessive amounts of sugar. In Judge Thelton Henderson’s ruling, he rejected General Mills’ argument that Plaintiffs’ consumer fraud claims were preempted by federal regulations regarding product packaging. As reported on ABC World News Tonight, Plaintiffs’ Complaint, originally filed in November 2015 in federal court, also alleges that although the cereal is marketed as a “high protein, healthful alternative to Cheerios” it actually does not contain a significant amount of additional protein than regular Cheerios. Plaintiffs seek damages and injunctive relief requiring General Mills to stop its allegedly deceptive marketing.

Kaplan Fox has extensive experience representing consumers in cases alleging they were deceived by false advertising in purchasing consumer electronics, nutritional supplements, toys, and other household goods. Kaplan Fox’s dedication to protecting consumers’ rights has recovered hundreds of millions of dollars in class action cases that held companies accountable for consumer fraud. If you would like more information about our “Cheerios Protein” false advertising case against General Mills, Case No. 15-cv-05112, fill out the form below or contact us toll-free at 1-844-333-7660.