While some may just raise an eyebrow to the claim on the Cocoa Krispies box that the cereal improves kids’ immunity, city attorney Dennis Herrera has gone farther, threatening legal action unless Kellogg’s can back up its claim. “I am concerned that the prominent use of the Immunity Claims to advertise a sugar-laden, chocolate cereal like Cocoa Krispies may mislead and deceive parents of young children. Specifically, the Immunity Claims may falsely suggest to parents that cereals like Cocoa Krispies are more healthy for their children than other breakfast foods that are not high in sugar and not highly processed,” Herrera wrote in a letter (pdf) to the cereal maker.
Kellogg’s hasn’t responded to the letter yet, deputy city attorney Francesca Gessner told Grub Street on the phone today. They have 30 days to back up the box’s claim before the city attorney’s office can seek an injunction in court. “We went and looked at the product and realized it was outrageous and we should do something,” Gessner said. “It seems very deceptive and misleading.”