District Judge Sandra J. Feuerstein


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Plaintiffs, residents of New York and California, sought monetary and injunctive relief against Kellogg. They alleged that the “Whole Grain” representation of Kellogg’s “Cheez-It Whole Grain” crackers was false and misleading because the primary ingredient in such crackers was enriched white flour. The court granted Kellogg dismissal of plaintiffs’ complaint. As to plaintiffs’ claims under New York’s and California’s consumer protection laws, the court concluded that plaintiffs failed to state a claim because the phrases “WHOLE GRAIN” and “MADE WITH WHOLE GRAIN” when considered in the entire context of the subject crackers’ packaging, would neither mislead or deceive a reasonable consumer. Kellogg neither misrepresented that its crackers were 100 percent whole grain nor suggested that they were predominantly whole grain. Further, relying on Mosley v. Vitalize Labs LLC, and Stoltz v. Fage Dairy Processing Indus. S.A., the court determined that plaintiffs lacked standing to assert a claim for unjust enrichment under Michigan law. Similar to the plaintiffs in Mosley and Stoltz, the instant plaintiffs are unable to assert claims arising under the laws of a state in which they neither reside nor purchased the crackers at issue.