California Man sues Cap'n Crunch

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So this guy in California is pissed that Cap'n Crunch's crunch berries aren't actually berries, but in reality-- just more sugary, starchy, cereal!

Really? Who knew?

Here's the case file at the link... read it yourself.

SPOILER!

The case is thrown out of court without appeal because it would require the court "abandon all common sense."
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asherp
  • added June 07, 2009

33 comments // California Man sues Cap'n Crunch

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    they should give him what he wants. Give him a box from the factory with actual blueberries.

    By the time it gets to him, after driving hundreds, if not thousands of miles in a truck, in the sun...then sitting days on a supermarket shelf, it would then be absolutely disgusting.

    As a part of this settlement, he should be forced to then eat this cereal.

    FrankyZemo
  •  

    DUH!!
    There's no REAL berries in Cap'n Crunch?! Who'd have thought......

    csmonut
  •  

    Seems we need another warning label to accommodate the idiots.

  •  

    He was probably expecting real berries Because there are many cereal brands that have real berries. There are two methods one called dehydration and the other called freeze-drying. Not denying the fact that he's an idiot, perhaps just hard at seeing. 'Crunch berries' sounds like it should be the old crunch with some freeze-dried berries. Anyways,, these are difficult times and people are desperate for easy money in an already sue-happy society

    karrtoons
  •  

    It's like the mcdonalds coffee lawsuit and many other absurd lawsuits.. No Shit the coffee is hot!

    karrtoons
  •  

    So does that mean Frankinberry does not have real Frankinberries in it?

    onemalefla
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    I just skimmed the decision, but it looks like the Court granted the Defendant's (the cereal company's) motion to dismiss the suit. Among the arguments rejected by the Court was that the cereal company, by labeling the box as containing crunchberries, had somehow established a warranty that actual berries were contained in the box. So by not including real berries, the company had breached its warranty. No, said the Court, iwhile there are numerous berries in the world, the Court had never heard of one called "crunchberries." The Cereal company represented that the box contained crunchberries (which was what it chose to call the crunchy colored spheres in its product), and that is what the box contained.

    cztheday
  •  

    I often wonder how cases like this go to court. Should I sue Frosted Flakes because there wasn't a talking tiger in the box?

    I realize that's a terrible analogy...but I'm just dumbfounded that any judge would take this case.

    I suppose I would just for laughs. The guy was hoping for easy money, but frankly if 20 million people before you didn't think there was berries it isn't false advertising.

    theultimateend
  •  

    Of course there aren't any berries in Cap'n Crunch. They're all in Berry Berry Kix. I can't find that cereal anywhere -.-

    TheBrownKid
  •  

    my soul just died a little

    timetide
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    the crunch berries DON'T taste like crunch berries?!

    recommended by current89
    Snuff99
  •  

    Another story I read said it was a woman.

    wintermadness90
  •  

    Insult these people if you like, but I fully support them. We take marketing deception for granted now and assume that it's up to the consumer to be wary, but it doesn't have to be that way. Companies should be fully transparent in their marketing. It used to be that whenever something was imitation or artificial, it had to be distinctly labeled as such. You wouldn't get an asterisk and small print that says *10% juice, you'd get a label that says IMITATION JUICE, because that's precisely what it is.

    Crunch berries may not exist in nature, but berries do, and we have the means to make them crunchy. They're still advertised as being berries. This may be something that would only fool idiots and small children, but that's their marketing base! Children, and even idiots, need protection also.

    numinant
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    Image...

    I just had some Cheerios, and you know what? I'M NOT FUCKING CHEERY! AAAAAGHHHHGAKJHSDJCDELKM;EDFK JCD;KM Q%#%$^&*YUGFTR^%&UYIHGFTY^&*IU!!!

    Well now I'm gonna sue.

    recommended by current89
    Nettle
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    Image...

    I love them crunch berries.. :)

    Well, if he would have read the ingredients like most people who want to know what they are eating, he would not have wasted his time trying to sue them.... F*ckin idiot...

    cafiredancer
  •  

    And the joke that Californians can/will sue for anything lives on.

    haterstotheleft
  •  

    Come on Cap'n... say it isn't so. I too was under the assumption that the delicious cereal I always enjoyed growing up was also nutritious.

    nightmonkey
  •  

    Two words...frivolous lawsuit .

    current89
  •  

    I think I should sue General Mills because Lucky Charms aren't lucky.

    Illari
  •  

    Cap'n Crunch is known to cut the roof of your mouth.

    torres_tn
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    unimatrix0
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    This clown has to be a liberal

    clownpuncher
  •  

    Time for me to sue Cookie Crisp for not containing real cookies. :)

    EliteKane
  •  

    @NedSnyder on twitter says "Reasonable Consumer Would Know "Crunchberries" Are Not Real"

    twitterbot
  •  

    hey, it's the New American Way... pioneered several decades ago by other morons who figured out that there was a viable alternative to getting an education, job and actually EARNING MONEY.... how?

    sue somebody!

    crap.

    plusaf
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