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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