On May 21, 2009, Judge Morrison England, Jr., of the U.S. District Court for the Eastern District of California dismissed the case Sugawara v. PepsiCo, Inc.[28] The plaintiff, Janine Sugawara, claimed she had purchased the cereal Cap’n Crunch with Crunchberries because she believed “crunchberries” indicated she was eating real fruit. Sugawara alleged that after four years of purchasing the product she had only recently discovered to her dismay that said “berries” were in fact simply brightly colored cereal balls. The judge commented “In this case…it is simply impossible for Plaintiff to file an amended complaint stating a claim based upon these facts. The survival of the instant claim would require this Court to ignore all concepts of personal responsibility and common sense. The Court has no intention of allowing that to happen.”[29]
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