Judge tosses Captain Crunch lawsuit

June 10, 2009 1:43:53 PM PDT
A California judge has dismissed a lawsuit filed by a San Diego woman who said she ate Captain Crunch cereal for years, thinking "crunchberries" were a real fruit.

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The woman sued cereal maker Quaker Oats for fraud, for claiming the colored balls of sugary cereal, sprayed with concentrated strawberry juice, were fruit.

The judge ruled that a "reasonable consumer" couldn't possibly believe that the product contained a fruit that does not exist.

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