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Products Liability Keyed Owen, 8th Ed.
Mantikas v. Kellogg Company
Citation:
910 F.3d 633 (2018)Facts
The plaintiffs purchased Cheez-It crackers in boxes prominently labeled either “WHOLE GRAIN” in large print or “MADE WITH WHOLE GRAIN” in large print. These boxes also contained smaller text stating “MADE WITH 5G OF WHOLE GRAIN PER SERVING” or “MADE WITH 8G OF WHOLE GRAIN PER SERVING” on the front panel. The Nutrition Facts panel on the side of the box revealed that a serving size was 29 grams, and the ingredients list showed “enriched white flour” as the first ingredient, with “whole wheat flour” listed as either the second or third ingredient. Federal regulations require ingredients to be listed in order of predominance by weight. Plaintiffs alleged they purchased the crackers believing the grain content was predominantly whole grain based on the prominent labeling, when in fact the primary grain ingredient was enriched white flour. They claimed they would not have purchased the product had they known the grain was not predominantly whole grain.
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