Food & diet · Published 2012-09-04 · By Henry Rearden
Breakfast cereal: Kellogg ads claimed Frosted Mini-Wheats were 'clinically shown' to boost kids' attentiveness by nearly 20%
Source: Dennis v. Kellogg Co., U.S. Court of Appeals for the Ninth Circuit, No. 11-55674 (2012)
Before you act: Don't stop, replace, or delay any treatment without talking to your doctor.
“Mini-Wheats® helps improve children's attentiveness by nearly 20%.”
Evidence level
Court record (appellate opinion in a consumer class action).
Funding
Court record.
What was published
The appeals court opinion on a proposed settlement of a class action over Frosted Mini-Wheats advertising.
What it shows
The opinion quotes ads saying the cereal "helps improve children's attentiveness by nearly 20%" and describes plaintiffs' claim that the marketing claims were false and that the underlying study did not support them.
What it does not show
The court ruled on the settlement's fairness, not on whether the ads were false; Kellogg did not admit wrongdoing.
Documented counterpoints
The court rejected the first settlement over its charity donations and fees; a revised settlement was later approved.
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