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Mantikas v. Kellogg Company

United States Court of Appeals for the Second Circuit

910 F.3d 633 (2018)

Relevant factsFree

Kellogg (defendant) labeled Cheez-It boxes with large-print "WHOLE GRAIN" or "MADE WITH WHOLE GRAIN" claims on the front, alongside small-print per-serving whole-grain gram counts, even though the side ingredient list showed enriched white flour as the predominant ingredient with whole wheat flour second or third; nutritional information gave total grams per serving without specifying the whole-grain-to-refined-flour ratio. The trial court dismissed the resulting class action, reasoning the labels wouldn't mislead a reasonable consumer given the disclosed grams per serving, and the plaintiffs (plaintiffs) appealed.

IssueFree

Whether product labels likely to mislead reasonable consumers violate false-advertising laws.

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