Kellogg’s Frosted Mini-Wheats class action settlement

In the Kellogg’s Frosted Mini-Wheats class action settlement, class members (those who purchased the cereal on certain dates in 2008 and 2009) who submit claims will receive $5/box for up to three boxes of purchased Frosted Mini-Wheats, with claims pro-rated if there are more than $2.75 million in claims. If there is less than $2.75 million in claims, money goes to a charity that has yet to be named. In addition, Kellogg’s will donate “$5.5 million” in food to charity (that also has yet to be named), though there is no indication how that valuation will be determined. For this, six law firms are requesting $2 million in fees, though:

  • That amount of fees is disproportionate to the class relief;
  • the settlement provides for cy pres relief even though there might be more than $8.25 million in claims, demonstrating that the attorneys put the interest of the third-party charities ahead of their clients’ interest; and
  • the class notice is defective for failing to identify the charitable recipients of the cy pres, giving the class no opportunity to object to an improper recipient.

If you’re a class member and you’re unhappy with attorneys improperly making millions in your name, do contact me at the Center for Class Action Fairness to discuss your options.