
Plaintiff did not explain why she could not reasonably have figured this out at any point during the four years she alleged she bought Cap'n Crunch with Crunchberries in reliance on defendant's fraud.
Case dismissed.
Judge England also noted another federal court had "previously rejected substantially similar claims directed against the packaging of Fruit Loops [sic] cereal, and brought by these same Plaintiff attorneys." He found that their attack on "Crunchberries" should fare no better than their prior claims that "Froot Loops" did not contain real froot.
http://www.loweringthebar.net/2009/06/reasonable-consumer-would-know-crunchberries-are-not-real-judge-rules.html