Crunchberry Jam

A California woman sued the makers of Captain Crunch for false advertising. Apparently, after 4 years of buying the cereal, it finally dawned on her that Crunchberries were not actual fruit. It turns out her efforts to Strive for Five were being thwarted by the Captain’s marketing wiles.

Now had this happened to me, I’m not sure I’d have had the courage to tell anyone that for years I’d been thinking those colorful crunchy nodes in my cereal were some mutant yet healthful fruit. But Janine Sugawara was not so disinclined. Fortunately the court ruled that a “reasonable consumer” would know that Crunchberries were not real. Trademark lawyers refer to this as “the moron in a hurry test.” That is, would a moron in a hurry think that Crunchberries were real? The court says no, even a moron in a hurry is brighter than Ms. Sugawara.

There’s no mention if she has children. But I think you are not legally allowed to buy Captian Crunch with Crunchberries unless you have children. In which case, when they get old enough to think, as all children do, that their mom is clueless… they’ll be right.

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