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This just in from the Department of Duh: Cap'N Crunch Crunch Berries are not a fruit.
Last month, a judge in California dismissed a claim brought by a woman who believed PepsiCo, the parent company of Cap'N Crunch manufacturer Quaker Oaks, had misled "reasonable consumers" with its colorful Crunch Berries.
"Plaintiff contends that the colorful Crunchberries, combined with use of the word 'berry' in the Product name, convey the message that Cap'n Crunch is not all sugar and starch, but contains redeeming fruit," the opinion says.
Find out what Judge Morrison C. England Jr. thought after the jump.
"This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a 'crunchberry,'" England writes in the May 21 opinion brought to our attention by the blog Lowering the Bar. "Furthermore, the 'Crunchberries' depicted on the PDP [principal display panel] are round, crunchy, brightly-colored cereal balls, and the PDP clearly states both that the Product contains 'sweetened corn & oat cereal' and that the cereal is 'enlarged to show texture.'
"Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist," he said.
[Via Lowering the Bar]
Cereal ID Quiz
Put these cereals in order.
- Cocoa Krispies, Coco Roos
- Coco Roos, Count Chocula
- Count Chocula, Cocoa Pebbles
- Cocoa Pebbles, Cocoa Krispies
Name that cereal.
- Kix
- Corn Pops
- Rice Krispies Treats Cereal
- Ricircles
Name that cereal.
- Corn Flakes
- Bran Flakes
- Toasties
- Product 19
Name that cereal.
- Sugar Crisp
- Cap'n Crunch
- Golden Crisp
- Peanut Butter Cap'n Crunch
Put these cereals in order.
- Choco Crunch, Count Chocula
- Reeses Puffs, Cocoa Puffs
- Count Chocula, Coco Roos
- Cocoa Puffs, Reeses Puffs
Name that cereal.
- Special K
- Smart Start
- Frosted Flakes
- Grape Nut Flakes
Name that cereal.
- Mini Swirlz Cinnamon Bun
- Smorz
- Oreo O's
- Cookie Crisp
Name that cereal.
- Honey-comb
- Golden Grahams
- Honey Smacks
- Nut & Honey
Name that cereal.
- Marshmallow Alpha-Bits
- Magic Stars
- Kaboom
- Lucky Charms
Name that cereal.
- Basic 4
- Raisin Bran
- Complete
- Mueslix
Name that cereal.
- Crispix
- Chex
- Life
- Wheaties
Put these cereals in order.
- Wheaties, Bran Flakes
- Corn Flakes, Total
- Wheaties, Total
- Total, Corn Flakes
Name that cereal.
- Frosted Mini Wheats
- Puffed Wheat
- Shredded Wheat
- Wheaties
Name that cereal.
- Clackers
- Quaker Oh's
- Oat Bran Squares
- Cracklin' Oat Bran
Put these cereals in order.
- Fruity Cheerios, Apple Jacks
- Kaboom, Froot Loops
- Froot Loops, Apple Jacks
- Rainbow Brite Cereal, Froot Loops
Name that cereal.
- Diamond Shreddies
- Life
- Waffle Crisp
- Quaker Oatmeal Squares
Name that cereal.
- Cinnamon Toast Crunch
- Cinnamon Life
- French Toast Crunch
- Cinnamon Toasters
Put these cereals in order.
- Crunch Berries, Kix
- Trix, Frankenberry
- Fruity Pebbles, Crunch Berries
- Trix, Kix
Name that cereal.
- Oatmeal Crisp
- Clackers
- Life
- Quaker Oatmeal Squares
Name that cereal.
- Grape Nuts Flakes
- Honey Bunches of Oats
- Basic 4
- Honey Nut Clusters
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6-04-2009 @7:32PM NoNaMe said... Whahahahahaha!
Somebody ---please tell me the Judge prompty removed any and all minor children from her care. This woman is truly too stupid to parent.
"Crunchberries" as fruit???? Too funny for words!
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6-04-2009 @8:28PM Bernie B said... As Bugs Bunny would say "What a tara-ra-goon-de-ay"
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6-05-2009 @7:07AM Mona said... If it's such a concern, how about just don't buy it?
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6-05-2009 @3:09PM Angie said... Only an idiot would think this contains fruit!!
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6-05-2009 @7:12AM Bill said... What a freaking damn fool!!! I can not believe she even kept a straight face in court. I would have fined her for abuse of the judicial system!!!!
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6-05-2009 @7:34AM j diamond said... the apple jacks question is wrong, the cereal is apple jacks, can t remember what they said it was.
and if that woman thought she would win, she obviously has heard about the stella awards.
anyone else would have never embarassed themselves like that
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6-05-2009 @8:04AM Deb said... All I can say to this one is...DUH!
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6-05-2009 @7:58AM Angie said... OMG!! LMMFAOOOOOOOOOOOO I can't believe there are people out there that are really THAT stupid!! I hope her offspring grow to have more brain cells than she does!
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6-05-2009 @9:42AM ERP115 said... What a jerk. How could those dried up puffy balls look like real fruit to this moron. Please lady, stick to oatmeal.
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6-06-2009 @5:21PM Lars said... i bet she eats dingle berries!
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6-05-2009 @11:22AM stranger said... what a pathetic dingleberry !!!
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6-05-2009 @3:04PM thomas said... does it matter!!!!!!!!!!!!!!!!!!!!!!!!!!!
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6-05-2009 @4:45PM grover96 said... Mr. Madison, what you've just said is one of the most insanely idiotic things I have ever heard. At no point in your rambling, incoherent response were you even close to anything that could be considered a rational thought. Everyone in this room is now dumber for having listened to it. I award you no points, and may God have mercy on your soul.
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6-11-2009 @8:03AM southwest said... When will the court rule on dingle-berries?
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