Saturday Morning FYI: Crunchberries are not Fruit.

If you are lazin' around this Saturday morning, feeling virtuous because you are eating Cap'n Crunch with Crunchberries and getting a serving of fruit in your bowl, then you have a problem. Actually, you may have more than one problem, but definitely a problem with thinking a Crunchberry is a fruit. It is not, and there is now a legal opinion confirming this point.

In a suit filed in the United States District Court for the Eastern District of California, the Plaintiff claimed that the packaging and marketing of Cap'n Crunch with Crunchberries misled her into thinking that the product contains real, nutritious fruit. Defendant moved to dismiss, and that motion was recently granted.

In dismissing the Plaintiff's claims concerning deceptive practices and advertising, the Court wrote:

While the challenged packaging contains the word "berries" it does so only in conjunction with the descriptive term "crunch." This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a "crunchberry."

Furthermore, the "Crunchberries" depicted on the [Product's principal display panel ("PDP"), the panel of the cereal box facing consumers as they shop in a store aisle] are round, crunchy, brightly-colored cereal balls, and the PDP clearly states both that the Product contains "sweetened corn & oat cereal" and that the cereal is "enlarged to show texture." Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. (emphasis supplied).

Not only would no "reasonable consumer" - the standard for analyzing the Plaintiff's claims - be duped into thinking that a Crunchberry was fruit, but the Court noted that the Plaintiff even conceded that "'[c]lose inspection reveals that Crunchberries on the PDP are not really berries.'"

Delivering the coup de grace, the Court ruled that Plaintiff is not allowed to file an amended complaint: "The survival of the instant claim would require this Court to ignore all concepts of personal responsibility and common sense. The Court has no intention of allowing that to happen."

Read all of Sugawara v. Pepsico, Inc. here.

And to be complete: Froot Loops? Also not fruit. McKinnis v. Kellogg USA, 2007 WL 4766060 (C.D. Cal. 2007).

And the man himself, Cap'n Crunch? Well, I'm sorry to tell you this, but . . .



(Via Slashfood)

Food and Drink: Super Bowl Soiree

Next Sunday is the final, blow-out event of the year for professional football in America, the Super Bowl.

Super Bowl Sunday is a day folks like to gather together with friends and family to visit, eat, and watch football on television - kind of like Thanksgiving, but without the 'holy day of obligation' feeling that sometimes develops around that holiday (the "but we always have turkey at 1 p.m. with my family and then see your mother later in the evening" type of thing). Super Bowl parties are popular even among those who don't give two hoots about football. Winter is cold and dark and under these conditions, a party sounds very appealing.

If you are hosting a party, or bringing a dish to one, the go-to web resource for recipe ideas remains Martha Stewart, who has over 70 suggestions for food to serve at a Super Bowl soiree. (Thanks Slashfood for the heads-up on this).

Another doyenne of dining, Ina Garten, lists 10 no-cook items to serve with drinks in her book Barefoot Contessa Back to Basics. These are solid standards such as sliced salami on a plate with a row of cucumber slices, and hummus topped with a drizzle of olive oil and toasted pine nuts served with toasted pita triangles. Sounds good to me. I'll post more on this cookbook in a few weeks.



One easy, inexpensive, and relatively low calorie item (for those who are still nurturing their New Year's Resolution) to offer guests is popcorn. Fresh, hot, buttery, salty popcorn and a cold beer are perfect Super Bowl snacks. Inspired by a conversation I had recently with Michael Dixon about popcorn with white truffle oil, I popped a batch of corn in olive oil and seasoned it with butter and white truffle salt, an idea found at Chowhound. In another batch, also made in olive oil, I seasoned the hot popcorn with Parmesan cheese and paprika, following a recipe found at Gastronome. Both versions taste great.

Bon appetit and Go Cardinals!

Note: If you are looking for a source for white truffle salt and other seasonings, check out The Spice House.

Food and Drink Part I

From the January 19 Edmonton Sun via Slashfood: "A man who was stabbed at the York Hotel opted to return to the bar to finish his beer rather than seek medical attention."