As of January 5, 2016, all appeals related to the Settlement have been resolved. At this time, it is anticipated that cash payments to Class Members that have submitted timely and valid Claim Forms will be mailed by May 4, 2016.
Overview Of The Settlement
A settlement has been reached in a lawsuit involving Kellogg, the company that makes Frosted Mini-Wheats. The Lawsuit claimed that Kellogg falsely advertised that its Frosted Mini-Wheats cereal improved kids’ attentiveness, memory and other cognitive functions to a degree not supported by competent clinical evidence. Kellogg stands by its advertising and denies it did anything wrong.
The Court did not decide who was right. Instead, both sides agreed to a settlement. By agreeing to a settlement, the Parties avoid the costs and risk of a trial and the Class will get compensation. The Class Representatives and their attorneys believe that the settlement is in the best interests of the Class Members.
You may have received notice concerning a prior settlement of this lawsuit. That settlement was overturned by the Court of Appeal and the case was remanded to the trial court for further proceedings. This settlement is the result of those further proceedings.
What does the Settlement Provide?
Kellogg has agreed to create a fund of $4 million. The fund will be used to pay class notice and administration costs, attorneys’ fees and expenses, named plaintiffs’ incentive awards, and cash payments to Class Members who submit a Claim Form.
Under the settlement, Kellogg also agreed to make certain changes to the Frosted Mini-Wheats marketing and labeling. Details are described in the Settlement Agreement, which is available here.
Cash payments will be made if the Court gives its final approval to the proposed settlement and after the final approval is no longer subject to appeal.
Class Member Options
|The deadline to file a Claim Form was November 29, 2013.|
|EXCLUDE YOURSELF||The deadline to exclude yourself was August 10, 2013.|
|The deadline to object to the Settlement was August 10, 2013.|
|DO NOTHING||You will get no cash refund. However, any leftover money will be donated to one or more charities.|
A Settlement Hearing was held on September 9, 2013 at 10:30 a.m. After the hearing, the Court approved the settlement. If there are no appeals, the cash payments will be distributed 30 days after the close of the Claim-In Period. If the settlement is overturned on appeal, no cash payments will be made.