Judge Tosses Crunchberry Lawsuit

(MYFOX NATIONAL) - A woman lost her case against the makers of Cap'n Crunch with Crunchberries. Janine Sugawara claimed she was deceived by the cereal’s marketing and packaging. She claimed she had been eating the cereal for four years under the assumption that the Crunchberries were in fact real berries.

A California judge dismissed the complaint stating there's no such fruit as a Crunchberry and that the box clearly depicts them as round, crunchy, brightly-colored cereal balls.

U.S. District Judge Morrison England Jr. of Sacramento found that a reasonable consumer would not have been deceived by the packaging . The cereal box makes no claim to be particularly nutritious, he said.

MyFoxNY.com health reporter Dr. Sapna Parikh (watch her report above) notes that the only berry ingredient listed on the box was "ingredient No. 10 ... strawberry juice concentrate."

The judge in the case also noted that the same plaintiff's firm, Hewell Law Firm in San Diego, filed a similar claim against the packaging of Froot Loops cereal , which was rejected by another California district court.