Kellogg Early-Expiring On-Pack Offers Class Action

Kellogg Company offers annual or semi-annual on-pack promotions, offering free items or services to induce customers to buy its products. But the complaint for this class action alleges that the promotional offers may expire before the product’s expiration date, meaning, it says, that many consumers will not get what they expected.

The class for this action is all those who live in New York and North Carolina who bought the products during the applicable statutes of limitations.

The complaint makes assertions about the importance and popularity of on-pack offers, for example that “according to HelloWorld’s Digital and In-Store Engagement Report, shoppers will choose a product three times more often when offered an extra incentive.”

The complaint makes two statements related to its allegations. First, “[t]he use of promotions is a key factor in the several seconds it takes for shoppers to choose which of the many products to buy.” However, “[u]nfortunately for consumers, most of them who buy the products will be unable to receive the free offers made by” Kellogg. This is because the promotions expire long before the shelf-life of the products.”

This makes the offers misleading, the complaint says, because “[r]easonable consumers are not so innately distrustful of companies and expect that all aspect[s] of consumable items, including promotions, are functional throughout their shelf-life.”

Kellogg Company makes not only cereals but other products such as Eggo Waffles and Pop Tarts. The complaint displays several examples of the company’s on-pack offers.

The offer on-pack offer on a box of Eggo Pancakes tells consumers they will get five dollars off of a pack of Crayola crayons if they buy three Eggos at the same time. However, in much smaller print at the bottom of the package is the notation, “Offer Valid 6/1/17 to 9/30/17. See Details On Back.” The expiration date of the product is October 11, 2018, more than a year after the promotional offer expires.

An offer of “$6 movie snack cash” was displayed on a box of Apple Jacks cereal. The complaint alleges that “boxes bearing this promotion were still available on store shelves in September 2020, nine months after the promotion expired.”

The Federal Trade Commission (FTC) has rules for free offers, which state that the terms and conditions to obtain the free item or service “should be set forth clearly and conspicuously at the outset of the offer…” The complaint says, “This means that all the relevant terms ‘should appear in close conjunction with the offer of the “Free” merchandise or service.’”

The complaint claims that the Kellogg products violate these rules because where the dates are stated, “the font size is miniscule and it is set apart from the more prominent and conspicuous ‘free’ offer.” Also, the packages with the offer are still sold even after the promotion has expired.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Kellogg Early-Expiring On-Pack Offers Complaint

November 13, 2020

Kellogg Company offers annual or semi-annual on-pack promotions, offering free items or services to induce customers to buy its products. But the complaint for this class action alleges that the promotional offers may expire before the product’s expiration date, meaning, it says, that many consumers will not get what they expected.

Kellogg Early-Expiring On-Pack Offers Complaint

Case Event History

Kellogg Early-Expiring On-Pack Offers Complaint

November 13, 2020

Kellogg Company offers annual or semi-annual on-pack promotions, offering free items or services to induce customers to buy its products. But the complaint for this class action alleges that the promotional offers may expire before the product’s expiration date, meaning, it says, that many consumers will not get what they expected.

Kellogg Early-Expiring On-Pack Offers Complaint
Tags: Deceptive Advertising, Deceptive Packaging, Improper Expiration Dates