Harry Dennis v. Stephanie Berg

BACKGROUND

In January 2008, Kellogg Co., the maker of Frosted Mini- Wheats cereal, began a marketing campaign that claimed the 8114 DENNIS v. KELLOGG COMPANY cereal was scientifically proven to improve children’s cogni- tive functions for several hours after breakfast. Obviously aimed at parents of school-age children, Kellogg’s advertise- ments allegedly included the following statements:

• “Does your child need to pay more attention in school? . . . A recent clinical study showed that a whole grain and fiber-filled breakfast of Frosted Mini-Wheats® helps improve children’s atten- tiveness by nearly 20%.”

• “Kellogg recently commissioned research to measure the effect on kids of eating a breakfast of Frosted Mini-Wheats® cereal. An independent research group conducted a series of standard- ized, cognitive tests on children ages 8 to 12 who ate either a breakfast of Frosted Mini-Wheats® cereal or water. The result? The children who ate a breakfast of Frosted Mini-Wheats® cereal had a nearly 20% improvement in attentiveness.”

• “Based upon independent clinical research, kids who ate Kellogg’s® Frosted Mini-Wheats® cereal for breakfast had up to 18% better…