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Judge Throws Out Suit Against Cap'n Crunch

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Judge Throws Out Suit Against Cap'n Crunch

SACRAMENTO (CBS13) ― Cap'n Crunch Crunchberry cereal is in a legal crunch.

A lawsuit filed by a California woman claims the cereal falsely advertises it has berries. There are no real berries in the kid's sugar cereal. A local attorney says he believes the case has merit.

"Call it Cap'n crunch with sugar balls. Let consumers know what it is ahead of time," said Jeffery Kravits, Sacramento attorney.

A judge dismissed the case last week, but the decision is being appealed. Cap'n Crunch Crunchberries is made by Quaker Oats, which is owned by Pepsico.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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