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The Lawsuit claimed that Kellogg falsely advertised that its Mini-Wheats cereal improved kids’ attentiveness, memory and other cognitive functions to a degree not supported by competent clinical evidence. Kellogg stands by its advertising and denies it did anything wrong.
The Court did not decide who was right. Instead, both sides agreed to a settlement. By agreeing to a settlement, the Parties avoid the costs and risk of a trial and the Class will get compensation. The Class Representatives and their attorneys believe that the settlement is in the best interests of the Class Members.
Class Members are those persons who purchased Kellogg’s Frosted Mini-Wheats cereal in the United States between January 28, 2008 and October 1, 2009. Excluded from the Class are Kellogg’s officers, directors and employees, and those who purchased the Frosted Mini-Wheats for the purpose of resale.
Class Members may seek reimbursement of $5 per box of Frosted Mini-Wheats purchased, with a recovery of $15 for the purchase of up to three (3) boxes. To receive payment, Claim Forms MUST be completed and either be submitted online or postmarked by no later than 80 days after the date the Court enters the Judgment. The Claim Form deadline will not be earlier than November 28, 2013, but may be later. The exact date will be posted here once the Court enters the Judgment. No proof of purchase is required.
If the total of valid claims is less than the amount of money available to pay them, then valid claims will be increased up to three times the original value of the claim, for a total potential recovery of up to $45 per Class Member. If the total of valid claims exceeds the amount of money available to pay them, then each award will be reduced pro rata.
If you submitted a Claim Form in the prior settlement of this case, you do not need to submit another Claim Form. Your claim will automatically be paid based upon the number of boxes stated in your original Claim Form.
You may download or submit a Claim Form here. You may also request a Claim Form by calling 1 (888) 561-9184. Paper Claims Forms should be mailed to Dennis v. Kellogg Company, c/o CGC, P.O. Box 9638, Dublin, OH 43017 – 4938.
