Judge kills suit claiming 'crunchberrries' aren't real fruitUSA Today---This tale of an attempted cereal killing comes to you courtesy of the legal blog Lowering the Bar.
A federal judge in California has dismissed a complaint filed by a San Diego woman who had bought "Cap'n Crunch with Crunchberries" for four years believing the cereal contained real berries.
Janine Sugawara cried fraud when she learned the "berries" were only colored cereal balls flavored with strawberry concentrate. She sued the manufacturer on behalf of all crunchberry-eating Americans.
Judge Morrison England Jr. drowned the claim with the milk of common sense:
"This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a "crunchberry."
Well I didn't see this coming. I am not a cereal eater, but when I do. I usually go with the Cap'n. Nah, not this one. Ruins my morning.





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