Cocoa & Fruity Pebbles Class Action: Are You Getting Less Cereal Than Promised?

A class action lawsuit has been filed against Post Consumer Brands, alleging the company misrepresents the number of servings in boxes of Cocoa Pebbles and Fruity Pebbles cereals. The plaintiff claims the actual number of servings is significantly less than what is stated on the packaging.

Consumers Affected: Consumers who purchased Cocoa Pebbles or Fruity Pebbles cereals in Illinois within the past five years, as well as a potential nationwide class of buyers.

Reason for Lawsuit: Allegations of misrepresentation of serving sizes, leading to consumer deception and financial harm.

Court: The case was initially filed in Illinois state court but has been moved to the U.S. District Court for the Southern District of Illinois.

Cocoa Pebbles and Fruity Pebbles boxes allegedly contain less servings of cereal than promised on the packaging, according to a new class action lawsuit.

Plaintiff Alex Landry fled the lawsuit against Post Consumer Brands LLC on May 17 in an Illinois county court. On July 3, it was removed to an Illinois federal court.

According to Landry, Post has intentionally misrepresented the contents of the popular breakfast cereals, and therefore tricked consumers out of their money.

Fewer Pebbles, Bigger Problem? Lawsuit Claims Post Misrepresents Cereal Servings

Landry's lawsuit revolves around the allegation that Post Consumer Brands has “systematically misrepresented” the number of servings contained in each box of their cereals. 

According to the labels on the cereal boxes, each container, weighing 552 grams, is supposed to hold 15 servings. The labels also say that a single serving is equal to one cup, weighing 36 grams.

However, Landry claims the actual weight of a one-cup serving of each of the cereals is significantly higher. She says she weighed the products and one cup of Cocoa Pebbles weighs approximately 48 grams, while a cup of Fruity Pebbles weighs about 45.5 grams. 

Based on these weights, a box of Cocoa Pebbles only contains 11.5 servings, and a box of Fruity Pebbles contains only 12.1 servings, Landry says.

Consumers Accuse Post of "Cereal Shaming" with Skimpy Servings

This discrepancy means a significant shortfall in the number of servings provided than is advertised, the lawsuit claims, with Cocoa Pebbles falling short by 3.5 servings per container (23.1%) and Fruity Pebbles by 2.9 servings per container (19.1%). 

“On average, Defendant misrepresents the number of servings in the Cereals by 21.1%,” the lawsuit claims. 

Landry says this discrepancy has caused economic harm to consumers, who got fewer servings than promised and therefore less value for their money. She also says Post was aware, or should have been, that the measurements weren’t lining up.

She claims the company either measured the cereals inaccurately or deliberately misrepresented the serving weights to consumers. 

Post Cereal Lawsuit Follows $15 Million Settlement Over Misleading Health Claims

Landry seeks to represent anyone who bought Cocoa Pebbles or Fruity Pebbles in Illinois in the past five years, as well as a national class of buyers. 

She’s suing for breach of express and implied warranties, false and deceptive marketing, and violations of the Illinois Consumer Fraud and Deceptive Business Practices Act. Landry is seeking certification of the class action, damages, fees, costs, and a jury trial.

The lawsuit seeks to recover 21.1% of the purchase price of all retail sales of the cereals over the past five years, which translates to approximately $1.12 for every box sold, Landry says.

In 2021, Post Consumer Brands agreed to pay about $15 million to settle a class action lawsuit alleging it misled consumers by using health and nutrition claims to market high-sugar cereal.

The company also agreed to stop using terms such as “no high-fructose corn syrup,” “less processed,” “wholesome,” “smart” and “nutritious” on its ready-to-eat cereal products where 10% or more of the calories come from sugar.

Case Details

• Lawsuit: Landry v. Post Consumer Brands LLC
• Case Number: 3:24-cv-01661 
• Court: U.S. District Court for the Southern District of Illinois

Plaintiffs' Attorneys

• David C. Nelson (Nelson & Nelson, Attorneys at Law, P.C.)
• Matthew H. Armstrong (Armstrong Law Firm LLC)
• Robert L. King (The Law Office of Robert L. King)
• Stuart L. Cochran (Condon Tobin Sladek Thornton Nerenberg PLLC)