NEW YORK (AP) — Kellogg has agreed to pay $4 million to settle a class-action lawsuit over the marketing claims it made for Frosted Mini-Wheats.
The company, which also makes Frosted Flakes, Eggo waffles and Pop Tarts, was sued for saying that the cereal improved children’s attentiveness, memory and other cognitive functions.
Kellogg says in a statement that the ad campaign in question ran about four years ago and that it has since adjusted its messaging to incorporate guidelines set by the Federal Trade Commission. The company, based in Battle Creek, Mich., also noted that is “has a long history of responsible advertising.”
On its website, Kellogg now says that Frosted Mini-Wheats are full of fibre and that they “fill you up first thing and help keep you focused all morning.”
If approved by the court, the law firm representing consumers says the settlement will result in cash refunds for up to three boxes of cereal purchased during the time of the advertising in question. People may seek reimbursement of up to $5 per box, with a maximum of $15 per customer, according to the settlement.
Kellogg Co. said customers can visit www.cerealsettlement.com to submit a claim for a refund. The claims are for boxes of Frosted Mini-Wheats purchased from Jan. 28, 2009 to Oct. 1, 2009.
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