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According to the fine print visible only at the bottom of the box, however, the Crayola offer was valid from June 1 through September 30, 2017, the suit says, noting that the products’ expiration date, stamped on the side flaps, was more than a year after the expiration of the promotion. Highlighted in the lawsuit, for instance, is a 2017 promotion during which boxes of Eggo Waffles displayed an offer for “$5 Off Crayola” when a consumer bought three packs of Eggo Waffles or Pancakes. “The use of promotions is a key factor in the several seconds it takes for shoppers to choose which of the many products to buy,” the suit summarizes.Īs the lawsuit tells it, many Kellogg’s buyers will be unable to receive the free offers made by the defendant because the promotions splashed across boxes of Eggos, Apple Jacks and Corn Pops cereal and other well-known items expire long before the end of the products’ shelf lives. consumers between 18 and 65 years old that found 60 percent of those who responded “prefer on-pack promotions to other methods of learning of promotions of offers.” Further, the suit, citing a report from HelloWorld, says shoppers will choose a product three times more often when offered an extra incentive. Cited in the complaint is a survey of 1,600-plus U.S. The lawsuit relays that annual or semi-annual “on-pack” promotions offering free merchandise are material to shoppers who in the past relied on Sunday circulars and in-aisle coupons in deciding what products to buy.
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“Unfortunately for consumers, most of them who buy the products will be unable to receive the free offers made by Defendant,” the complaint claims, arguing Kellogg’s should offer promotions whose expirations are consistent with the shelf lives of certain products. The lawsuit argues, however, that Kellogg can end its “false and misleading” labeling practice by simply printing fewer boxes that display promotions based on the number of products the company expects to sell within the time period of the offer. Many of the promotions offered on packages of Kellogg’s products expire long before the end of their shelf life, a proposed class action claims, alleging the company has deceived consumers who, for the most part, “have no reason to scrutinize the fine print telling them when the promotion expires.”Īccording to the 16-page case out of New York, defendant Kellogg Company is “incentivized” to print more product boxes displaying promotions than it will actually be able to sell during a particular period given special offers increase sales of Eggo Waffles, Pop-Tarts, iconic cereal brands and more.
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