This picture of Cap'n Crunch cereal was an exhibit in the federal lawsuit.
SACRAMENTO, CA - A federal judge has dismissed a lawsuit from a California woman who claimed she was deceived into buying Cap'n Crunch cereal during a four-year period because she thought "Crunch Berries" were real fruit.
Janine Sugawara filed a class-action suit last June against Quaker's parent company PepsiCo, seeking full restitution of all money gained through misleading labelling and a court order forcing Quaker to provide public notice of the true composition of Crunch Berries.
See the Crunch Berries lawsuit here
In his order dismissing the lawsuit, Judge Morrison England, Jr. said "a reasonable consumer would have understood the product packaging to expressly warrant only that the product contained sweetened corn and oat cereal, which it did."
"As far as this court has been been made aware, there is no such fruit (Crunch Berries) growing in the wild or occurring naturally in any part of the world," England wrote.
In his dismissal order dated May 20, England pointed out San Diego lawyer Harold Hewell, who represents Sugawara, filed a similar suit against Fruit Loops cereal, which was also thrown out of court.
Hewell filed a new motion this week seeking an August hearing for the judge to reconsider the dismissal.