Judge kills suit claiming ‘crunchberrries’ aren’t real fruit
“This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a “crunchberry.” … A reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.”
“Plaintiff did not explain why she could not reasonably have figured this out at any point during the four years she alleged she bought Cap’n Crunch with Crunchberries in reliance on defendant’s fraud.”
I too would like to win the lottery but, not at the expense of the Cap’n. PAK
Oh it gets better… you missed the part in the fine print at the bottom of the story where the woman previously tried to sue Froot Loops because they didn’t contain ‘real froot.’
Of course she had eaten these for FOUR YEARS before she tried to figure out that they didn’t contain real fruit…
…”Here’s yer sign…”