Mantikas v. Kellogg Company, No. 17-2011 (2d Cir. 2018)Annotate this Case
Consumers who purchased Cheez‐It crackers labeled "whole grain" or "made with whole grain," filed a class action complaint against Kellogg, alleging that the whole grain labels were false and misleading in violation of New York and California consumer protection laws. The district court dismissed the complaint for failure to state a claim.
The Second Circuit vacated, holding that the district court erred in dismissing plaintiffs' complaint because, under the proper standards for reviewing a motion to dismiss under Rule 12(b)(6), plaintiffs plausibly alleged that the whole grain labels would lead a reasonable consumer to believe, incorrectly, that the grain in whole grain Cheez‐Its was wholly or predominantly whole grain. In this case, the whole grain claims failed to communicate that the quantity of enriched white flour exceeded the quantity of whole grain. Accordingly, the court remanded for further proceedings.