Kellogg’s makes Cheez-Its, a cheesy, corny confection that’s attractive to lots of folks, especially at boring parties. Some versions of this snack are marketed as “Whole Grain” or “Made With Whole Grain,” and the text on the packaging makes plain that this means 5 to 8 grams of whole grain for each 29-gram serving along with the primary ingredient being “enriched flour.”
This is too confusing for three women to bear, so they sued. One of the women went so far as to claim she was injured by all of this, yet, were the packaging only changed, she would continue to purchase the products in the future (where are the feminists over this feigned stupidity?). There started out some sanity in this idiocy:
A federal judge dismissed the case in 2017, ruling that the “Whole Grains” wording was factually correct. In toto, the label “would neither mislead nor deceive a reasonable consumer.”
Amazingly, the 2nd Circuit reversed.
Additional verbiage on the front and side of the package is no defense, the court said.
The 2nd Circuit thinks Americans are just too stupid for words. Or it finds entirely reasonable that Americans are too mind-numbingly lazy to read a simple label.