Mantikas v. Kellogg Company

910 F.3d 633 (2018)

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Mantikas v. Kellogg Company

United States Court of Appeals for the Second Circuit
910 F.3d 633 (2018)

  • Written by Rose VanHofwegen, JD

Facts

Kristen Mantikas, Kristin Burns, and Linda Castle (plaintiffs) brought a class action against Kellogg Company (defendant) alleging that the labels on “whole grain” Cheez-Its misled consumers. Kellogg made two versions of the box. One read “WHOLE GRAIN” in large print on the front, with “made with 5G of whole grain per serving” in small print below. The other said “MADE WITH WHOLE GRAIN” in large print, with “made with 8g of whole grain per serving” in small print below. On the sides of both boxes, the ingredients listed enriched white flour as the predominant ingredient, with whole wheat flour second or third. The nutritional information said one serving was 29 grams but did not specify the ratio of whole grain to refined flour. The trial court dismissed the complaint, reasoning that the labels would not mislead a reasonable consumer into believing the crackers were predominantly whole grain because the boxes specified the grams per serving. The complainants appealed.

Rule of Law

Issue

Holding and Reasoning (Leval, J.)

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