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The Magic Cafe Forum Index » » Not very magical, still... » » California court: Calling them "Crunchberries" doesn't constitute fraud (0 Likes) Printer Friendly Version

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Scott Cram
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http://www.loweringthebar.net/2009/06/re......les.html

Quote:
On May 21, a judge of the U.S. District Court for the Eastern District of California dismissed a complaint filed by a woman who said she had purchased "Cap'n Crunch with Crunchberries" because she believed "crunchberries" were real fruit. The plaintiff, Janine Sugawara, alleged that she had only recently learned to her dismay that said "berries" were in fact simply brightly-colored cereal balls, and that although the product did contain some strawberry fruit concentrate, it was not otherwise redeemed by fruit. She sued, on behalf of herself and all similarly situated consumers who also apparently believed that there are fields somewhere in our land thronged by crunchberry bushes.


Perhaps she can revitalize her case by claiming that she thought the cereal was being recommended by an actual captain.
LobowolfXXX
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They probably wouldn't have tried, except it IS the 9th Circuit...


Same attorneys, by the way, tried pretty much the exact same thing previously vis a vis "Fruit Loops." Surely, Fruity Pebbles are next.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

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Tom Cutts
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Yeah, whats up with THAT! There ain't no actual pebbles in the box. Smile
Destiny
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Don't let them come to Australia - vegemite, our naional delicacy is made from beef extract.
Greg Arce
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Wait, wait!!! Are you telling me that there's also no Boo Berries or Grape Nuts!!!! How else am I supposed to get my daily intake of fruit!!!? I did worry about all the Grape Nuts I was eating because I felt I was causing a lot of castrations in the grape community. Smile

Greg
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Josh the Superfluous
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If she wanted fruit, she should have mixed in some Fruit Loops.
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Jonathan Townsend
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So what's all this about the land of the free and the home of the brave? I don't see any indians and nothing's free... Actionable?
...to all the coins I've dropped here
Voldemort
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Well... At least the ruling might put a damper on some of the other idiots that try to pull crap like this to make a buck.

There's two ways to look at it I guess. Either she knew for a fact exactly what she was doing and was out for money, OR, She really believed that crunchberries were a fruit. If its the latter I think she has more pressing matters to worry about than what her cereal contains.

Remembering to breath for example.....
"Flight from death"
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Big Jeff
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In cases like this the loser should have to pay the winners court costs.
Scott Cram
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It seems precedent was set back in 1912, when Coca-Cola was sued over the lack of coca...... product.
Michael Baker
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Captain Crunch used to advertise that their cereal, "stays crunchy, even in milk".

What they don't tell you is that if your two year old pours a box of it in the toilet, it pretty much turns into yellow concrete.
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Chessmann
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Quote:
On 2009-06-05 22:14, Greg Arce wrote:
Wait, wait!!! Are you telling me that there's also no Boo Berries or Grape Nuts!!!! How else am I supposed to get my daily intake of fruit!!!? I did worry about all the Grape Nuts I was eating because I felt I was causing a lot of castrations in the grape community. Smile


The testicles in Grape Nuts are, indeed, cereal-based
My ex-cat was named "Muffin". "Vomit" would be a better name for her. AKA "The Evil Ball of Fur".
C. Loubard
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Hey don't bag so much on the 9th circuit. they incorporated our second amendement rights... look up nordyke vs. king
stoneunhinged
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Extremely interesting, indeed. The incorporation of the other amendments is nearly a century old. Why so long with #2?

On the other hand, is incorporation such a wonderful thing? With "rights" comes "enforcement" and the federal government's sovereignty over all things public and private.

WAIT! I derailed this thread. I'm supposed to make a joke about whether there are any magic effects in the breakfast cereal TRIX. Sorry.
Doug Higley
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Frivolous law suits are always facinating.

But there is the potential for the media to twist them into a joke when they are not.

The famous one about the lady who sued McDonald's because her coffee was HOT is a good example. She has been (and her suit) made into jokes forever.

BUT it was a Legit case! The coffee was boiling hot and the BOTTOM of the cup fell OUT and the coffee DUMPED on her bare thighs (she was wearing shorts) which were scalded and badly burned and also her private parts were burned. Darn right I'd sue!!! So would you.
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NJJ
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Quote:
On 2009-06-05 22:02, Destiny wrote:
Don't let them come to Australia - vegemite, our naional delicacy is made from beef extract.


AND brewer's yeast!

We put beer on toast!
daffydoug
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This just emphasizes to me the need to have my legal terms in place before I open my website. I said to Jay "How could someone POSSIBLY sue me over reading a website???" "What harm could come of it?"

He replied "Well, you have a thousand word mother of all word tests on there. Let's say some idiot took the test, stayed up all night, and was late for work and subsequently got fired. Then he could sue you because he would claim that your test caused hm to lose his job", (Duh) I thought, "God, people can make a law suit out of ANYTHING!!!",

Sadly, considering the nature of frivolous lawsuits, and the example in this thread, he's absolutely right.

But I have to admit, that crunch berries suit takes the proverbial cake.
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asithlord
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MY LOCAL SELL 80SHILLING
don't GET NO SHILLINGS IN IT
IM SUEING
Scott Cram
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Quote:
On 2009-06-07 05:53, Doug Higley wrote:
Frivolous law suits are always facinating.

But there is the potential for the media to twist them into a joke when they are not.

The famous one about the lady who sued McDonald's because her coffee was HOT is a good example. She has been (and her suit) made into jokes forever.

BUT it was a Legit case! The coffee was boiling hot and the BOTTOM of the cup fell OUT and the coffee DUMPED on her bare thighs (she was wearing shorts) which were scalded and badly burned and also her private parts were burned. Darn right I'd sue!!! So would you.


Really? The bottom fell out of her cup? You would think that the woman involved would've brought this up to her lawyer, the judge and the jury at some point.

According to Michael McCann, William Haltom, and Anne Bloom, ("LAW & SOCIETY SYMPOSIUM: Java Jive: Genealogy of a Juridical Icon," 56 U. Miami L. Rev. 113 (October 2001)), which describes the accident in detail:

Quote:
On February 27, 1992, Stella Liebeck, a 79-year-old woman from Albuquerque, New Mexico, ordered a 49˘ cup of coffee from the drive-through window of a local McDonald's restaurant. Liebeck was in the passenger's seat of her Ford Probe, and her grandson Chris parked the car so that Liebeck could add cream and sugar to her coffee. She placed the coffee cup between her knees and pulled the far side of the lid toward her to remove it. In the process, she spilled the entire cup of coffee on her lap.


According to Ralph Nader & Wesley J. Smith's article, No Contest: Corporate Lawyers and the Perversion of Justice in America:

Quote:
Liebeck was wearing cotton sweatpants; they absorbed the coffee and held it against her skin as she sat in the puddle of hot liquid for over 90 seconds, scalding her thighs, buttocks, and groin. Liebeck was taken to the hospital, where it was determined that she had suffered third-degree burns on six percent of her skin and lesser burns over sixteen percent. She remained in the hospital for eight days while she underwent skin grafting. Two years of treatment followed.


Was she not aware that coffee is hot (as per the warning that was printed on the cup at the time)? That cotton is absorbent? and that she could spill coffee she herself decided to hold in her own lap (and which McDonald's did not force her to do)?

Further, why did the maker of her cotton sweatpants get off so easy? It was their material that held it against her skin for so long! How about the carmaker? It was their seats that helped hold the coffee against her skin for so long, and possibly the poor design of their cupholders that made her decide to hold it in her lap instead.
Scott Cram
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Time to place your wagers. Inspired by the book BMOC, I think we should start taking wagers on how long it will be before Disney is sued for having people dress up as famous Disney characters, when the plantiff(s) in question expected the actual animated characters to be there instead.
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