Final approval has been granted for a $4 million class action settlement by the U.S. District Court for the Southern District of California in Dennis v. Kellogg Co, Case No. 9-cv-01786. The lawsuit alleged that Kellogg Co. falsely advertised that its Mini-Wheats cereal improved kids' attentiveness, memory, and other cognitive functions not supported by scientific evidence.
A previous settlement of $10 million was rejected by the Ninth Circuit Court of Appeals. The appellate court held that the terms of the settlement agreement were too vague and did not provide enough compensation to class members as compared to what the plaintiff attorneys and cy pres charities would have received.
This settlement affects consumers in the United States who purchased Kellogg's Froasted Mini-Wheats cereal between January 28, 2008 and October 1, 2009. Class members may seek reimbursement of $5 per box of cereal purchased, with a maximum reimbursement of $15 for the purchase of up to 3 boxes of cereal. Claims must be made by November 28, 2013.