Kellogg's Froot Loops Lawsuit: Are Servings Shortchanged?

Case Overview: A class action lawsuit alleges Kellogg and Walmart misrepresented the weight and number of servings listed on Froot Loops with Marshmallows cereal packaging, claiming fewer actual servings than advertised.

Consumers Affected: New York consumers who purchased Froot Loops with Marshmallows cereal.

Court: U.S. District Court for the Eastern District of New York

Kellogg’s popular Froot Loops with Marshmallows cereal delivers fewer servings than advertised, misleading consumers making them lose out, a new lawsuit alleges.

The cereal giant—along with retail partner Walmart—is accused of misrepresenting both the weight and number of servings listed on its packaging, allegedly violating state and federal labeling laws and deceiving consumers in the process.

The issue centers on the serving size and total servings listed on the cereal box. Kellogg claims that each serving is 1⅓ cups, or 39 grams, and that a 16.2 oz box contains about 12 servings. But independent lab tests commissioned found the actual weight of a 1⅓ cup serving to be 45.26 grams, meaning the box only contains about 10.16 servings.

Consumers Allege Misleading Serving Count on Cereal Boxes

Thomas Harvey, a long-time buyer of the cereal from New York, filed the proposed class action lawsuit. Harvey most recently purchased a box from a Walmart in Commack, NY, and says he relied on the “Nutrition Facts Panel” on the box to make his purchase, expecting to receive about 12 servings as clearly stated.

But when he realized the servings were coming up short, he sought independent lab testing, which confirmed the discrepancy. According to the testing the box contained 15.33% less than what’s promised, and the lawsuit claims Kellogg knowingly used the wrong math to inflate perceived value. The complaint alleges Harvey and other consumers paid for more cereal than they actually received and were deprived of the full value they were led to expect.

Lawsuit Claims Discrepancy Found in Independent Lab Tests

Under FDA labeling guidelines, the metric weight that appears next to the serving size must reflect the true average weight of that portion. Kellogg allegedly misreported the weight as 39g when it should have been around 45g. By doing so, the company could legally list more servings per box—12 instead of the 10 that it actually delivers, according to the lawsuit.

The lawsuit claims this kind of mislabeling violates New York's consumer protection laws and leaves consumers unable to verify accuracy without lab testing, making it difficult for people to make informed choices or compare similar cereals fairly.

Food Brands Face Increasing Legal Challenges Over Labeling Accuracy

Kellogg isn’t the only food brand facing legal scrutiny over misleading product representations. Muddy Bites and Blue Diamond have been sued for excessive empty space (“slack-fill”) in packaging, with consumers saying the were misled and let down.

Meanwhile brands like Bhu Foods and PEScience are being challenged over inflated protein content claims, with consumers arguing they aren’t getting the goods that they paid for in the products.

In his lawsuit, Harvey is seeking to represent all New York consumers who bought Froot Loops with Marshmallows. He’s asking the court to order Kellogg and Walmart to stop the misleading labeling, pay damages to impacted consumers, and cover court costs and fees, accusing the retail giants of violating New York business law.

Case Details

• Lawsuit: Harvey v. WK Kellogg Co and Walmart Inc.
• Case Number: 2:25-cv-03984-JMW 
• Court: U.S. District Court for the Eastern District of New York  

Plaintiffs' Attorneys

• Ariana V. Held (The Law Offices of Howard W. Rubinstein, P.A.)

Do you buy Kellogg’s Froot Loops with Marshmallows cereal? Share your experience of the serving sizes below