Judge Rules That Reasonable Consumer Should Know "Crunchberries" Are Not Fruit 14
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."
Watch out, Post! (Score:4, Funny)
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What platform is the Web server for that link on? Eunuchs?
Legal way to win (Score:1)
In related news.. (Score:3, Funny)
Captain Crunch found dead.. Police suspect cereal killer..
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Well, he didn't dirty his hands directly...
http://www.webcomicsnation.com/poyorick/botg2/series.php?view=archive&chapter=25600 [webcomicsnation.com]
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This reminds me something ;-)
In the old days, had an employee that sometime forgot to increment the "serial" in the SOA part of DNS zone files in bind after he made changes to them. When he forgot it, slave DNS servers wouldn't update themselves from the master with the new information.
So I would ask him : Did you think about changing the serial ?
He would reply; Sure ! I even upgraded from Corn Flakes to Captain Crunch...
Darwin throws hands up in defeat (Score:1)
PLEASE, PLEASE tell me that this woman isn't allowed to breed...for the sake of the human species...
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In all likelihood, she's not Japanese. Her given name is Janine (while some English names have limited popularity as given names in Japan, that's not one of them), and the court was in the eastern district of California. Most of the actual Japanese in California are living either here in the SF Bay area (where I live) or in the LA area (where I used to live).
I'm also not entirely certain she's as stupid as we think. She may just be an utterly dishonest person who thought she could make a few bucks off of Pe
Time to Switch (Score:2)
Guess I'll be switching to Franken Berry.
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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.
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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.