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Consumer Law

Feb. 3, 2025

Half-empty cereal box claim kept alive, but endangered by notice error

A consumer's lawsuit over a cereal box containing up to 47% air has survived a dismissal motion, but the plaintiff must correct an error - sending a notice to the wrong address.

A federal judge in Los Angeles rejected what he called a "ridiculous" defense analysis of a slack-fill case and kept alive claims that the manufacturer of Catalina Crunch cereal violated common fraud law by selling a consumer a nearly half empty bag of cereal that was inconsistent with the package's sizing labels.

"Given that plaintiff alleges that nearly half of the product's packaging is filled with air (40-47%), it is certainly plausible that a reasonable...

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