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Judge Rules That Reasonable Consumer Should Know "Crunchberries" Are Not Fruit 14

Posted by samzenpus
from the buyer-beware dept.
Janine Sugawara was so shocked and dismayed when she learned that "Crunchberries" were not actual fruit that she sued, on behalf of herself and all other painfully ignorant people who thought Captain Crunch ran some sort of brightly colored berry farm. I can't imagine what she thought a Butterfinger was composed of. Common sense won in this instance when a judge of the US District Court for the Eastern District of California dismissed the lawsuit, saying "In this case ... while the challenged packaging contains the word 'berries' it does so only in conjunction with the descriptive term 'crunch.' This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a 'crunchberry.' Furthermore, the 'Crunchberries' depicted on the [box] are round, crunchy, brightly-colored cereal balls, and the [box] clearly states both that the Product contains 'sweetened corn & oat cereal' and that the cereal is 'enlarged to show texture.' Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. ... So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world."

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Judge Rules That Reasonable Consumer Should Know "Crunchberries" Are Not Fruit

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  • by Locke2005 (849178) on Thursday June 04, 2009 @02:30PM (#28212845)
    Grape-Nuts [nograpesnonuts.com] is obviously the next target!
  • The way that this sounds is that if for whatever reason there were such as a crunchberry they would have a valid argument and have the possibility of suing successfully. So if they were just so lucky as a new type of berry is discovered and is named crunchberry then they could sue, asuming that the name of the cerial changed or added crunchberries.
  • by Anonymous Coward on Thursday June 04, 2009 @03:33PM (#28213805)

    Captain Crunch found dead.. Police suspect cereal killer..

  • You mean grapes don't have nuts?!?
    PLEASE, PLEASE tell me that this woman isn't allowed to breed...for the sake of the human species...
  • What? Crunch berries aren't real fruit!

    Guess I'll be switching to Franken Berry.
    • I can only believe that this is a scam. As little faith as I have in people's intelligence (being in the computer security biz and all), it defies imagination that she could not know this. As a five-year old in 1967, I ate Captain Crunch with Crunchberries (they were only red back then) because I saw the TV commercials and badgered my parents to buy them. It was my favorite cereal for a while. Even before that, I'd been eating the regular Captain Crunch cereal. Never like the peanut butter version, though.

      • Forgot to add that as a five year old in 1967, I knew perfectly well that Crunchberries were not berries, and I never thought they were, not even in the TV commercials. She had to have been trying to pull a Darl here. What she should have realized it that it didn't work out so well for Darl, either.

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