77 Krommenhock Et Al. V. Post Foods LLC, Case No. 3:16-Cv-04958-WHO

Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 1 of 77

1 179. In around October 2015, Post introduced the packaging pictured below. 2 3 4 5 6 7 8 9 10 11 12 13 14 15

16 17 180. The packaging of Post Honey Bunches of Oats Cereal – With Vanilla Bunches 18 has made the following labeling claims suggesting, both individually and especially in the 19 context of the label as a whole, that the product is healthy: 20 a. “Our Post Promise | No High Fructose Corn Syrup” 21 b. “Heart Healthy” 22 c. Depictions of heart in circle 23 d. “a Touch of Honey!” 24 e. “A delicious wholesome start to your day!” 25 f. “4 Wholesome Grains” 26 g. Whole Grains Council Stamp 27 28 77 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 2 of 77

1 7. With Apples & Cinnamon Bunches 2 181. Post introduced Post Honey Bunches of Oats Cereal – With Apples & Cinnamon 3 Bunches in around September 2014. Its initial packaging is pictured below. 4 5 6 7 8 9 10 11 12 13 14 15 16 182. In around October 2015, Post introduced the packaging pictured below. 17 18 19 20 21 22 23 24 25 26 27

28 78 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 3 of 77

1 183. The packaging of Post Honey Bunches of Oats Cereal – With Apples & 2 Cinnamon Bunches has made the following labeling claims suggesting, both individually and 3 especially in the context of the label as a whole, that the product is healthy: 4 a. “Our Post Promise | No High Fructose Corn Syrup” 5 b. Whole Grains Council Stamp 6 8. With Real Strawberries 7 184. The packaging of Post Honey Bunches of Oats Cereal – With Real Strawberries 8 that was in use when the class period began is pictured below. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

25 26 185. In around November 2012, Post introduced the packaging pictured below. 27 28 79 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 4 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 186. In around December 2014, Post introduced the packaging pictured below. 15 16 17 18 19 20 21 22 23 24 25 26

27 28 187. In around October 2015, Post introduced the packaging pictured below. 80 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 5 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15

16 17 188. The packaging of Post Honey Bunches of Oats Cereal – With Real Strawberries 18 has made the following labeling claims suggesting, both individually and especially in the 19 context of the label as a whole, that the product is healthy: 20 a. “Our Post Promise | No High Fructose Corn Syrup” 21 b. “Heart Healthy” 22 c. Depictions of heart in circle 23 d. “a Touch of Honey!” 24 e. “A delicious wholesome start to your day!” 25 f. “4 Wholesome Grains” 26 g. Whole Grains Council Stamp 27 9. Fruit Blends – Banana Blueberry 28 189. The packaging of Post Honey Bunches of Oats Cereal – Fruit Blends – Banana 81 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 6 of 77

1 Blueberry that was in use when the class period began is pictured below. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 190. In around March 2013, Post introduced the packaging pictured below. 16 17 18 19 20 21 22 23 24 25 26 27

28 82 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 7 of 77

1 191. The packaging of Post Honey Bunches of Oats Cereal – Fruit Blends – Banana 2 Blueberry has made the following labeling claims suggesting, both individually and 3 especially in the context of the label as a whole, that the product is healthy: 4 a. “Our Post Promise | No High Fructose Corn Syrup” 5 b. “Heart Healthy” 6 c. Depictions of heart in circle 7 d. “a Touch of Honey!” 8 e. “A delicious wholesome start to your day!” 9 f. “4 Wholesome Grains” 10 g. Whole Grains Council Stamp 11 10. Fruit Blends – Peach Raspberry 12 192. The packaging of Post Honey Bunches of Oats Cereal – Fruit Blends – Peach 13 Raspberry that was in use when the class period began is pictured below. 14 15 16 17 18 19 20 21 22 23 24 25 26 27

28 83 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 8 of 77

1 193. In around March 2013, Post introduced the packaging pictured below. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 194. The packaging of Post Honey Bunches of Oats Cereal – Fruit Blends – Peach 17 Raspberry has made the following labeling claims suggesting, both individually and 18 especially in the context of the label as a whole, that the product is healthy: 19 a. “Our Post Promise | No High Fructose Corn Syrup” 20 b. “Heart Healthy” 21 c. Depictions of heart in circle 22 d. “a Touch of Honey!” 23 e. “A delicious wholesome start to your day!” 24 f. “4 Wholesome Grains” 25 g. Whole Grains Council Stamp 26 11. Tropical Blends – Mango Coconut 27 195. Post introduced Post Honey Bunches of Oats Cereal – Tropical Blends – Mango 28 Coconut in around September 2012. The product’s initial packaging is pictured below. 84 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 9 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 196. In around March 2013, Post introduced the packaging pictured below. 15 16 17 18 19 20 21 22 23 24

25 26 197. The packaging of Post Honey Bunches of Oats Cereal – Tropical Blends – 27 Mango Coconut has made the following labeling claims suggesting, both individually and 28 especially in the context of the label as a whole, that the product is healthy: 85 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 10 of 77

1 a. “Our Post Promise | No High Fructose Corn Syrup” 2 b. “a Touch of Honey!” 3 c. “4 Wholesome Grains” 4 d. Whole Grains Council Stamp 5 12. Whole Grain Honey Crunch 6 198. Post introduced Post Honey Bunches of Oats Cereal – Whole Grain Honey 7 Crunch in around September 2014. The product’s packaging is pictured below. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 199. The packaging of Post Honey Bunches of Oats Cereal – Whole Grain Honey 24 Crunch has made the following labeling claims suggesting, both individually and especially 25 in the context of the label as a whole, that the product is healthy: 26 a. “Our Post Promise | No High Fructose Corn Syrup” 27 b. Heart design in “I” in “Whole Grain” name. 28 c. “WHOLE GRAINS – good for your family, good for your health, good 86 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 11 of 77

1 for you.” 2 d. “Honey Bunches of Oats Whole Grain Cereal has it all. . . . . Fiber fills 3 you up, helps keep you satisfied and is important to help maintain digestive health. 4 Rich in nutrients: Honey Bunches of Oats Whole Grain Cereal is rich in nutrients . . 5 . important for moms-to-be and growing children. . . . Whole grains are an important 6 part of a balanced diet, but on average, Americans eat less than 1 serving of whole 7 grains per day.” 8 e. “Staring your day with a bowl of Honey Bunches of Oats Whole Grain 9 Cereal is a smart step toward eating a balanced diet.” 10 f. Whole Grains Council Stamp 11 13. Whole Grain with Vanilla Bunches 12 200. Post introduced Post Honey Bunches of Oats Cereal – Whole Grain with Vanilla 13 Bunches in around September 2014. The product’s packaging is pictured below. 14 15 16 17 18 19 20 21 22 23 24 25 26 201. The packaging of Post Honey Bunches of Oats Cereal – Whole Grain With 27 Vanilla Bunches has made the following labeling claims suggesting, both individually and 28 especially in the context of the label as a whole, that the product is healthy: 87 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 12 of 77

1 a. “Our Post Promise | No High Fructose Corn Syrup” 2 b. Heart design in “I” in “Whole Grain” name. 3 c. “WHOLE GRAINS – good for your family, good for your health, good 4 for you.” 5 d. “Honey Bunches of Oats Whole Grain Cereal has it all. . . . . Fiber fills 6 you up, helps keep you satisfied and is important to help maintain digestive health. 7 Rich in nutrients: Honey Bunches of Oats Whole Grain Cereal is rich in nutrients . . 8 . important for moms-to-be and growing children. . . . Whole grains are an important 9 part of a balanced diet, but on average, Americans eat less than 1 serving of whole 10 grains per day.” 11 e. “Staring your day with a bowl of Honey Bunches of Oats Whole Grain 12 Cereal is a smart step toward eating a balanced diet.” 13 f. Whole Grains Council Stamp 14 14. Greek Honey Crunch 15 202. Post introduced Post Honey Bunches of Oats Cereal – Greek Honey Crunch in 16 around March 2013. The product’s packaging is pictured below. 17 18 19 20 21 22 23 24 25 26 27 28 f 88 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 13 of 77

1 203. The packaging of Post Honey Bunches of Oats Cereal – Greek Honey Crunch 2 has made the following labeling claims suggesting, both individually and especially in the 3 context of the label as a whole, that the product is healthy: 4 a. “Our Post Promise | No High Fructose Corn Syrup” 5 b. “a touch of wildflower honey” 6 c. “WHOLESOME NUTRITION” 7 d. “GOODNESS AND TASTE IN EVERY BOWL” 8 e. Whole Grains Council Stamp 9 15. Greek Mixed Berry 10 204. Post introduced Post Honey Bunches of Oats Cereal – Whole Grain Honey 11 Crunch in around March 2013. The product’s packaging is pictured below. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 89 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 14 of 77

1 205. The packaging of Post Honey Bunches of Oats Cereal – Greek Mixed Berry has 2 made the following labeling claims suggesting, both individually and especially in the context 3 of the label as a whole, that the product is healthy: 4 a. “Our Post Promise | No High Fructose Corn Syrup” 5 b. “a touch of wildflower honey” 6 c. “WHOLESOME NUTRITION” 7 d. “GOODNESS AND TASTE IN EVERY BOWL” 8 e. Whole Grains Council Stamp 9 16. Granola – Honey Roasted 10 206. Post introduced Post Honey Bunches of Oats Granola – Honey Roasted in 11 around March 2013. The product’s packaging is pictured below. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 207. The packaging of Post Honey Bunches of Oats Granola – Honey Roasted has 26 made at least the following labeling claims suggesting, both individually and especially in 27 the context of the label as a whole, that the product is healthy: 28 a. “[I]t’s the perfect combination of wholesome goodness and honey-sweet 90 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 15 of 77

1 crunch that everyone in your entire family will love.” 2 b. Whole Grains Council Stamp 3 17. Granola – Raspberry & Cinnamon 4 208. The packaging of Post Honey Bunches of Oats Granola – Raspberry and 5 Cinnamon are pictured below. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 91 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 16 of 77

1 209. The packaging of Post Honey Bunches of Oats Granola – Raspberry and 2 Cinnamon have made the following labeling claims suggesting, both individually and 3 especially in the context of the label as a whole, that the products are healthy: 4 a. “[I]t’s the perfect combination of wholesome goodness and honey-sweet 5 crunch that everyone in your entire family will love.” 6 b. Whole Grains Council Stamp 7 18. Protein Granola with Dark Chocolate 8 210. The packaging of Post Honey Bunches of Oats Protein Granola with Dark 9 Chocolate is depicted below. 10 11 12 13 14 15 16 17 211. The packaging of Post Honey Bunches of Oats Protein Granola with Dark 18 Chocolate and Cinnamon has made at least the following labeling claims suggesting, both 19 individually and especially in the context of the label as a whole, that the product is healthy: 20 a. “HELPS FUEL YOUR BODY WITH SUSTAINED ENERGY” 21 b. “just a touch of wildflower honey” 22 c. Whole Grains Council Stamp 23 C. Post Shredded Wheat Cereal 24 1. Honey Nut 25 212. The packaging of Post Shredded Wheat Honey Nut that was in use when the 26 class period began is pictured below. 27 28 92 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 17 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 213. In around November 2012, Post introduced the packaging pictured below. 16 17 18 19 20 21 22 23 24 25 26 27

28 93 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 18 of 77

1 214. In around March 2017, Post introduced the packaging pictured below. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 215. The packaging of Post Shredded Wheat Honey Nut has made at least the 18 following labeling claims suggesting, both individually and especially in the context of the 19 label as a whole, that the product is healthy: 20 a. “May Help Reduce the Risk of Heart Disease” and depiction of heart. 21 b. “AN INGREDIENT LIST THAT IS SO GOOD, WE HAVE NOTHING 22 TO HIDE.” 23 c. “Wouldn’t it be great if it were easy to understand what is in your food? 24 With Post Shredded Wheat, it’s easy to be confident with your breakfast choice. It is 25 made with nothing but goodness, so go ahead and enjoy a bowl.” 26 d. “We make it easy to understand what is in your food—we start with the 27 goodness of whole grain wheat.” 28 e. “We make it easy to understand what is in your food—it’s just the 94 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 19 of 77

1 wholesome goodness of whole grain wheat.” 2 f. “Our flavor comes from 100% whole grain wheat, honey, almonds, 3 molasses and real sugar. That means vitamin and mineral fortified Post Shredded 4 Wheat Honey Nut contains no High fructose corn syrup or artificial ingredients.” 5 g. “No Sugar* [ ] Added: Our flavor comes from 100% whole grain wheat, 6 nothing else. That means Post Shredded Wheat . . . has 0 grams of sugars per serving.” 7 h. “Natural source of fiber.” 8 i. “Bite-sized health tip.” 9 j. “Post Shredded Wheat is one of the simple things you can do to feel good 10 each day.” 11 k. “THE BISCUIT OF BENEFITS / Post Shredded Wheat Honey Nut is 12 made with 100% whole grain wheat, for a natural source of fiber. . . . So what does this 13 mean in terms of health benefits for you? They are so plentiful, the cereal could be 14 renamed Biscuit of Benefits!” 15 l. “Heart Health” 16 m. “Digestive Health: Diets rich in fiber have many benefits and are 17 important for maintaining digestive health.” 18 n. “Reduced Cancer Risk” 19 o. Whole Grains Council Stamp 20 2. Crunch! 21 216. Post introduced Post Shredded Wheat Crunch! in around September 2014. The 22 product’s packaging is pictured below. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 95 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 20 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 217. The packaging of Post Shredded Wheat Crunch! has made the following 17 labeling claims suggesting, both individually and especially in the context of the label as a 18 whole, that the product is healthy: 19 a. “POST SHREDDED WHEAT CRUNCH MAY HELP REDUCE THE 20 RISK OF HEART DISEASE” 21 b. “Post Shredded Wheat CRUNCH combines bite sized 100% natural 22 whole grain wheat with granola cluster crunch for delicious heart healthy 23 satisfaction. GOODNESS YOU CAN TASTE!” 24 c. Whole Grains Council Stamp 25 D. Post Single Cereals 26 1. Raisin Bran 27 218. The packaging of Post Raisin Bran that was in use when the class period began 28 is pictured below. 96 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 21 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 219. In around January 2013, Post introduced the packaging pictured below. 16 17 18 19 20 21 22 23 24 25 26 27 28 97 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 22 of 77

1 220. In around March 2015, Post introduced the packaging pictured below. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 221. In around January 2017, Post introduced the packaging pictured below. 16 17 18 19 20 21 22 23 24 25 26 27

28 98 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 23 of 77

1 222. The packaging of Post Raisin Bran has made at least the following labeling 2 claims suggesting, both individually and especially in the context of the label as a whole, that 3 the product is healthy: 4 a. “contains NO HIGH FRUCTOSE Corn Syrup” 5 b. “No High Fructose Corn Syrup” 6 c. “Healthy” 7 d. “Nutritious” 8 e. “Where nutritious and delicious live in harmony” 9 f. “NATURAL ADVANTAGE” 10 g. “Fiber is good for digestive health” 11 h. Whole Grains Council Stamp 12 2. Bran Flakes 13 223. The packaging of Post Bran Flakes is depicted below. 14 15 16 17 18 19 20 21 22 23 24 25 26 27

28 99 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 24 of 77

1 224. The packaging of Post Bran Flakes has made the following labeling claims 2 suggesting, both individually and especially in the context of the label as a whole, that the 3 product is healthy: 4 a. “DIETARY FIBER TO HELP MAINTAIN DIGESTIVE HEALTH” 5 b. “Contains no high fructose corn syrup” 6 c. “THE IMPORTANCE OF WHOLE GRAIN AND FIBER” 7 d. “WHOLE GRAINS FOR YOUR HEALTHY LIFESTYLE” 8 e. “Whole grains provide fiber and other important nutrients to help keep 9 you healthy.” 10 f. “Getting enough fiber in your diet helps naturally regulate your digestive 11 system. Choose a diet rich in a variety of fiber containing foods such as whole grain 12 cereals, breads, and pastas and fruits and vegetables.” 13 g. “FIBER TO HELP WITH WEIGHT MANAGEMENT” 14 h. “Experts recommend diets rich in fiber to help keep you satisfied while 15 you exercise and cut calories to lose weight. Diets rich in fiber are usually lower in 16 calories and larger in volume than low fiber diets, and require more chewing which 17 helps promote a feeling of fullness and satisfaction after eating.” 18 i. Whole Grains Council Stamp 19 3. Alpha-Bits 20 225. Post first introduced Alpha-Bits—cereal shaped like letters—in 1958. 21 226. In around July 2012, Post entered into a deal to use characters from a PBS Kids 22 show, “Super Why,” on the product’s packaging. The packaging of Post Alpha-Bits that was 23 in use when the class period started is pictured below. 24 /// 25 /// 26 /// 27 /// 28 /// 100 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 25 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 227. In around December 2016, Post introduced the packaging pictured below. 17 18 19 20 21 22 23 24 25 26 27

28 101 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 26 of 77

1 228. The packaging of Post Alpha-Bits has made at least the following labeling claims 2 suggesting, both individually and especially in the context of the label as a whole, that the 3 product is healthy: 4 a. “NO HIGH FRUCTOSE CORN SYRUP” 5 b. “ALPHA-BITS IS A GOOD SOURCE OF NUTRIENTS THAT ARE 6 BUILDING BLOCKS FOR YOUR CHILD’S DEVELOPING BRAIN” 7 c. “Makes a Smart Snack!” 8 d. Whole Grains Council Stamp 9 4. Honeycomb 10 229. The packaging of Post Honeycomb that was in use when the class period began 11 is pictured below. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 230. In around December 2012, Post introduced the packaging pictured below. 102 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 27 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 231. The packaging of Post Honey-Comb has made the following labeling claims, 15 through at least around January of 2017, suggesting, both individually and especially in the 16 context of the label as a whole, that the product is healthy: 17 a. “Nutritious” (in “Nutritious Sweetened Corn & Oat Cereal”) 18 b. “Why Vitamin D? – Many kids are not getting enough Vitamin D; - 19 Important for a growing child’s health needs; - Promotes healthy bones and teeth by 20 helping the body absorb calcium” 21 c. “Each Serving Helps Start the Day in a HEALTHY Way” 22 d. Whole Grains Council Stamp 23 5. Waffle Crisp 24 232. The packaging of Post Waffle Crisp is pictured below. 25 /// 26 /// 27 /// 28 /// 103 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 28 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 233. The packaging of Post Waffle Crisp has made the following labeling claims 18 suggesting, both individually and especially in the context of the label as a whole, that the 19 product is healthy: 20 a. “NO HIGH FRUCTOSE CORN SYRUP!” 21 b. “Iron & Zinc for Growth” 22 POST’S UNLAWFUL ACTS AND PRACTICES 23 A. Post Marketed and Continues to Market its Cereals with Health and Wellness 24 Claims that are Deceptive in Light of the Cereals’ High Sugar Content 25 1. Post Affirmatively Misrepresents that Some High-Sugar Cereals are 26 “Healthy,” “Nutritious,” or “Wholesome” 27 234. Consumers interpret the words “nutritious” and “wholesome” to mean the same 28 thing as, or to be euphemisms for, “healthy.” 104 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 29 of 77

1 235. In using these words in the manner described herein, Post also intends 2 consumers to interpret “nutritious” and “wholesome” to mean healthy. 3 236. Although in some cases, Post’s labeling claims for its cereals are suggestive that 4 they are healthy, in other cases, Post directly represents this is true by calling at least the 5 following cereals “healthy,” “nutritious,” or “wholesome”: 6 a. Post Great Grains Blueberry Morning (“Less processed nutrition you can 7 see,” “nutritious Blueberries,” and “nutritious fruits and nuts”) 8 b. Post Great Grains Cranberry Almond Crunch (“Less processed nutrition 9 you can see,” “nutritious Cranberries,” “wholesome Almonds,” “nutritious fruits and 10 nuts,” and “nutritious ingredients in every bite!”) 11 c. Post Great Grains Banana Nut Crunch (“Less processed nutrition you can 12 see,” “wholesome Walnuts,” “wholesome Almonds,” “nutritious fruits and nuts,” 13 “wholesome walnuts and almonds,” and “nutritious ingredients in every bite!”) 14 d. Post Great Grains Raisins, Dates & Pecans (“Less processed nutrition 15 you can see,” “wholesome Pecans,” “naturally nutritious Raisins & Dates,” “We gently 16 steam, roll and bake our whole grains to help maintain the full flavor and nutrition of 17 our flakes,” “nutritious fruits and nuts,” and “nutritious ingredients in every bite!”) 18 e. Post Great Grains Crunchy Pecans (“Less processed nutrition you can 19 see,” “wholesome Pecans,” “We gently steam, roll and bake our whole grains to help 20 maintain the full flavor and nutrition of our flakes,” “nutritious fruits and nuts,” and 21 “nutritious ingredients in every bite!” 22 f. Post Great Grains Blueberry Pomegranate (“Less processed nutrition 23 you can see,” “nutritious Blueberries,” “We gently steam, roll and bake our whole 24 grains to help maintain the full flavor and nutrition of our flakes,” “nutritious fruits and 25 nuts,” and “nutritious ingredients in every bite!”) 26 g. Post Great Grains Protein Blend: Honey, Oats & Seeds (“HELPS 27 SUPPORT A HEALTHY METABOLISM,” “wholesome Almonds,” “nutritious 28 Pumpkin Seeds,” “nutritious nuts and seeds,” “nutritious ingredients in every bite!,” 105 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 30 of 77

1 and “the less processed whole grain nutrition of Great Grains Protein Blend”) 2 h. Post Great Grains Protein Blend: Cinnamon Hazelnut (“HELPS 3 SUPPORT A HEALTHY METABOLISM,” “wholesome Almonds,” “nutritious 4 Hazelnuts,” “nutritious nuts,” “wholesome hazelnuts, almonds, and multi grain 5 clusters,” “nutritious ingredients in every bite!,” and “the less processed whole grain 6 nutrition of Great Grains Protein Blend”) 7 i. Post Honey Bunches of Oats – Honey Roasted, With Almonds, Raisin 8 Medley, With Pecan Bunches, With Cinnamon Bunches, With Vanilla Bunches, With 9 Real Strawberries, Fruit Blends – Banana Blueberry, Fruit Blends – Peach Raspberry 10 (“Heart Healthy,” heart depictions, “4 Wholesome Grains,” and “A delicious, 11 wholesome start to your day!”) 12 j. Post Honey Bunches of Oats – Tropical Blends – Mango Coconut (“4 13 Wholesome Grains”) 14 k. Post Honey Bunches of Oats – Whole Grain Honey Crunch and Whole 15 Grain with Vanilla Bunches (Heart design in “I” in “Whole Grain” name, “good for 16 your family, good for your health, good for you,” “important to help maintain digestive 17 health,” and “rich in nutrients.”) 18 l. Post Honey Bunches of Oats – Greek Honey Crunch and Greek Mixed 19 Berry (“WHOLESOME NUTRITION”) 20 m. Post Honey Bunches of Oats Granola – Honey Roasted, Raspberry, and 21 Cinnamon (“wholesome goodness”) 22 n. Post Shredded Wheat Honey Nut (“Bite-sized health tip,” “Heart Health,” 23 “May Help Reduce the Risk of Heart Disease,” “Digestive Health,” “important for 24 maintaining digestive health,” “what does that mean in terms of health benefits for 25 you? They are so plentiful, the cereal could be renamed Biscuit of Benefits!”) 26 o. Post Shredded Wheat Crunch! (“heart healthy”) 27 p. Post Raisin Bran (“Healthy,” “Nutritious,” “Where nutritious and 28 delicious live in harmony,” and “good for digestive health”) 106 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 31 of 77

1 q. Post Bran Flakes (“HELP MAINTAIN DIGESTIVE HEALTH,” “FOR 2 YOUR HEALHTY LIFESTYLE,” and “important nutrients to help keep you healthy”) 3 r. Honey-Comb (“Promotes healthy bones and teeth” and “Helps Start the 4 Day in a HEALTHY Way”) 5 237. Statements that these cereals are “healthy,” “nutritious,” and “wholesome” are 6 false, or at least highly misleading, because, due to their high added sugar content, 7 consumption of these cereals is decidedly unhealthy, and the consequences of consuming the 8 products—increased risk for, and in some cases contraction of chronic disease—are 9 incompatible with Post’s representations that the cereals are “healthy,” “nutritious,” and 10 “wholesome.” 11 2. Post Affirmatively Misrepresents that Consuming Some of its High-Sugar 12 Cereals Will Promote Bodily Health, Prevention of Disease, or Weight Loss 13 238. In some cases, Post falsely represents that its high-sugar cereals are effective in 14 promoting bodily health and preventing disease. 15 239. Post employs such a misleading tactic with respect to its Post Great Grains 16 Protein Blend: Honey, Oats & Seeds and Cinnamon Hazelnut cereals, expressly and 17 affirmatively representing that consumption of the cereals will promote weight loss. 18 Specifically, Post states:

19 “The process of metabolism establishes the rate at which we burn our calories 20 and, ultimately, how quickly we gain weight or how easily we lose it. Although some factors affecting metabolic rate, like age and genetics can’t be 21 changed, there are ways to maximize your metabolism.” Breakfast: Eat 22 breakfast. . . . Start your day with the less processed whole grain nutrition of Great Grains Protein Blend to help jumpstart your metabolism. Protein: Eat 23 protein. Did you know that protein generally requires about 25% more energy 24 to digest? Because protein takes longer to breakdown than fat and carbohydrate, the body uses more energy to digest protein and this helps you 25 burn more calories. . . . Great Grains Blend can actually help enhance your 26 metabolism! [ . . . ] Fiber: Consume fiber. Diets rich in fiber help keep you fuller longer which is important for weight management. Great Grains Protein 27 Blend can help keep you satisfied with the staying power of an excellent 28 source of fiber.” 107 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 32 of 77

1 240. Post’s representation that consumption of Post Great Grains Protein Blend: 2 Honey, Oats & Seeds and Cinnamon Hazelnut cereals will promote weight loss is false, or at 3 least highly misleading because the cereals contain 9g of added sugar per serving, accounting 4 for approximately 16% of the products’ calories—which is more than 300% the AHA’s 5 recommended maximum of 5% of calories from added sugar. Moreover, a single serving of 6 Post Great Grains Protein Blend: Honey, Oats & Seeds or Cinnamon Hazelnut cereal 7 accounts for more than 23% of men’s, and 36% of women’s maximum AHA-recommended 8 daily added sugar intake. 9 241. For these reasons, regular consumption of Post Great Grains Protein Blend: 10 Honey, Oats & Seeds or Cinnamon Hazelnut cereals is highly likely to contribute to excess 11 added sugar consumption, and thereby increased risk for, and actual contraction of, chronic 12 disease, substantially harming both the human digestive system and overall human health. 13 242. Moreover, because of the products’ high added sugar content, their consumption 14 is likely to promote weight gain, not weight loss. 15 243. Post makes a similar misrepresentation with respect to its Bran Flakes cereal, 16 stating “FIBER TO HELP WITH WEIGHT MANAGEMENT,” and explaining that “Experts 17 recommend diets rich in fiber to help keep you satisfied while you exercise and cut calories 18 to lose weight.” Similar to Post’s Great Grain Protein Blend cereals, however, 20% of Bran 19 Flakes’ calories come from its added sugar, such that it is likely to contribute to weight gain, 20 not weight loss. 21 244. In several cases, Post misrepresents that certain cereals are heart healthy, 22 including various Honey Bunches of Oats and Shredded Wheat varities. 23 3. Even When Not Stating So Expressly, Post Strongly Suggests Its High- 24 Sugar Cereals are Healthy 25 245. Besides direct, express claims that some of its cereals are “healthy,” “nutritious,” 26 and “wholesome,” Post also conveys this same idea through suggestion. 27 28 108 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 33 of 77

1 a. Post Touts Its High-Sugar Cereals’ Whole Grain, Fiber, and “Real” 2 Ingredient Content to Distract From Their High Added Sugar 3 Content 4 246. A major strategy Post employs is “calling out” the supposedly beneficial aspects 5 of its cereals, and particularly their whole (or multi) grain, fiber, or “real” ingredient content. 6 247. In emphasizing the supposedly beneficial nutrients or other aspects of its cereals, 7 Post necessarily and intentionally also de-emphasizes, hides, obscures, and otherwise omits 8 material information regarding the products’ detrimental nutrient content, and specifically 9 their high added sugar content. 10 b. Post Leverages a Deceptive Industry “Certification” Program—the 11 Whole Grains Council Stamp—to Make its High-Sugar Cereals Seem 12 Healthy 13 248. Many of Post’s cereals bear a stamp of the Whole Grains Council like that 14 pictured below. 15 16 17 18

19 20 249. The Whole Grains Council was formed in 2003 and holds itself out as a 21 purported “nonprofit consumer advocacy group.”91 22 250. Its membership, however, is comprised not of consumers or their advocates, but 23 primarily of hundreds of food manufacturers, like Cargill, ConAgra, Domino’s Pizza, Frito- 24 Lay, General Mills, Heinz, Hostess, Kellogg, Kraft, McDonald’s, Nestle, Quaker, Smucker, 25 and of course, Post. 26 251. The Whole Grain’s Council stamp is frequently misused by food manufacturer- 27

28 91 See http://wholegrainscouncil.org/about-us 109 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 34 of 77

1 members—including by Post in this case—to bolster claims that foods are supposedly 2 healthy, by suggesting that an independent, perhaps governmental authority has determined 3 a food is healthy or otherwise sanctioned its health and wellness claims. 4 252. In order to use a Whole Grains Council Stamp, though, a food need only contain 5 a minimum of 8g whole grain, and there are no disqualifying criteria. Accordingly, high- 6 sugar foods can, and frequently do display the Whole Grains Council Stamp. 7 253. This is true of many of Post’s cereals, and the use of the stamp is deceptive 8 because it implies independent verification that the cereals are healthy, despite that the Whole 9 Grains Council is an industry group, and that Post’s cereals contain such high amounts of 10 added sugar that they remain unhealthy choices notwithstanding their whole grain content. 11 c. In Representing that Many of Its High-Sugar Cereals Contain “No 12 High Fructose Corn Syrup,” Post Leverages Consumer Confusion to 13 Obscure the Dangers of the Added Sugar in it Cereals 14 254. Post has capitalized on consumer aversion toward high fructose corn syrup by 15 touting the absence of that ingredient, deceptively suggesting that its cereals are healthier 16 because HFCS is absent. 17 255. This strategy leverages consumer confusion over the relative dangers of different 18 forms of sugar, inasmuch as many consumers incorrectly believe that HFCS is a substantially 19 more dangerous form of added sugar than other forms. 20 256. Some consumers also incorrectly believe there are “healthy” forms of added 21 sugar, for example honey, “cane sugar,” or “natural” sugars. Conversely, many consumers 22 are not even aware that some more obscure ingredients are added sugars, such as Evaporated 23 Cane Juice (the use of which the FDA has said is deceptive), Glycerin, and fruit and fruit 24 juice “concentrates.” Many consumers also have no idea what invert sugar is, or that it is 25 sucrose that has been broken into free glucose and free fructose, and thus is extremely similar 26 to HFCS, despite that it is used in several Post cereals. 27 257. In reality, added sugar in virtually any form contains toxic fructose, and thus has 28 essentially the same detrimental health effects, with typically only minor differences in the 110 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 35 of 77

1 ratio of fructose to glucose in a given form of added sugar. Thus, even if literally true, Post’s 2 “no high fructose corn syrup” representations are highly misleading. 3 d. Post Falsely Markets Some of Its High-Sugar Cereals as “Simple,” 4 “Whole Foods” that Are “Less Processed” 5 258. To capitalize on increasing consumer preference for fresh, unprocessed, “whole” 6 foods, Post affirmatively misrepresents that several of its cereals have this characteristic. 7 259. Specifically, Post represents that its Great Grains Blueberry Morning, 8 Cranberry Almond Crunch, Banana Nut Crunch, Raisins, Dates & Pecans, Crunchy Pecans, 9 and Blueberry Pomegranate cereals are “Less processed nutrition you can see,” explaining, 10 “Why less processed? Quite simply, because it’s good for you!” 11 260. Post similarly represents its Great Grains Protein Blend: Honey, Oats & Seeds 12 cereal is “less processed whole grain nutrition,” while its Great Grains Protein Blend: 13 Cinnamon Hazelnut is both “less processed whole grain nutrition,” and “less processed whole 14 grain cereal,” with Post stating, “Why less processed? Quite simply because it’s good for 15 you!” 16 261. Most of these Great Grains cereals’ packaging also states, “It’s whole foods 17 from the field to your bowl.” 18 262. These statements are false or at least highly misleading. First, Post Great Grains 19 cereals containing blueberries are sweetened with invert sugar and glycerin, two highly- 20 processed forms of added sugar, while all Great Grains cereals are sweetened with sugar and 21 brown sugar, and sometimes glycerin or juice concentrates, which are also highly-processed 22 sweeteners. 23 263. Second, because these statements suggest Great Grains cereals are healthy food 24 options, the statements are false, or at least highly misleading, due to the cereals’ high added 25 sugar content. 26 e. Post Deceptively Omits, Intentionally Distracts From, and Otherwise 27 Downplays the Cereals’ High Added Sugar Content 28 264. In marketing its cereals with health and wellness claims, Post regularly and 111 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 36 of 77

1 intentionally omits material information regarding the amount and dangers of the added 2 sugars in its products. Post is under a duty to disclose this information to consumers because 3 (a) Post is revealing some information about its products—enough to suggest they are 4 healthy—without revealing additional material information, (b) Post’s deceptive omissions 5 concern human health, and specifically the detrimental health consequences of consuming its 6 products, (c) Post was, and is, in a superior position to know of the dangers presented by the 7 sugars in its cereals, as it is a global food company whose business depends upon food science 8 and policy, and (d) Post actively concealed material facts not known to plaintiff and the class. 9 265. Moreover, in marketing its cereals, Post regularly affirmatively uses certain 10 words and phrases to falsely suggest their sugar content is low. 11 266. For example, Post’s representation that many varieties of Honey Bunches of Oats 12 Cereal contain just “a Touch of Honey!” are false and misleading, where the products contain 13 as much as 12g of sugar per serving (Post Honey Bunches of Oats Cereal – With Vanilla 14 Bunches), and the added sugar generally accounts for 20% or more of the products’ calories, 15 since reasonable consumers would expect a cereal supposedly sweetened with just a “touch” 16 of honey to be relatively low in sugar. 17 267. These claims are false and misleading because the products’ added sugar content 18 is high, not low. Such statements are likely to confuse even consumers aware of health issues 19 regarding sugar, because they suggest any such health issues, in any event, do not pertain to 20 these cereals sweetened with only a “touch” or “kiss” of honey. 21 4. Post Immorally Markets Some High-Sugar Cereals to Children, Who Are 22 the Most Vulnerable to the Dangers of Excess Added Sugar Consumption 23 268. Post markets some of its cereals either directly to children, or to parents, as for 24 their children. In some cases, these cereals are among the highest in sugar that Post offers. 25 269. For example, Post markets Honey-Comb cereal by stating that “Many kids are 26 not getting enough Vitamin D,” and representing that the cereal’s Vitamin D content is 27 “Important for a grown child’s health needs,” and “Promotes healthy bones and teeth by 28 helping the body absorb calcium.” 112 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 37 of 77

1 270. Similarly, Post markets Waffle Crisp using a cartoon waffle mascot, and by 2 representing that it contains “Iron & Zinc for Growth.” 3 271. Post markets Alpha-Bits using characters from a popular PBS Kids cartoon 4 show, and by representing that it contains “NUTRIENTS THAT ARE BUILDING BLOCKS 5 FOR YOUR CHILD’S DEVELOPING BRAIN.” 6 272. At 6g per serving, the added sugar in Alpha-Bits cereal accounts for 20% of the 7 product’s weight and calories, 400% of the AHA’s recommended maximum of 5% of calories 8 from sugar, and 40-50% of children’s AHA-recommended maximum daily added sugar 9 intake of 12-15g per day. 10 273. At 10g per serving, the added sugar in Honey-Comb cereal accounts for more 11 than 31% of the product by weight, more than 30% of its calories, and up to 83% of children’s 12 AHA-recommended maximum daily added sugar intake. 13 274. At 12g per serving, the added sugar in Waffle Crisp accounts for 40% of the 14 product’s eight and calories, and up to 100% of children’s AHA-recommended maximum 15 daily added sugar intake. 16 275. These statements were malicious, immoral, and oppressive because there are 17 currently obesity and type 2 diabetes epidemics among American children, who are thus 18 among the most vulnerable to misleading health and wellness marketing that results in 19 substantially increased added sugar consumption. 20 276. Marketing high-sugar cereals to children, or for children’s consumption, is itself 21 an unfair and immoral business practice, but it is especially harmful when the marketing 22 suggests the high-sugar cereals are healthy options for children. 23 277. Thus, marketing Honey-Comb cereal as a healthy option for children to promote 24 bone and teeth health—even if true, which is dubious—while obscuring the detrimental effect 25 of the cereal’s consumption in promoting obesity, metabolic disease, cardiovascular disease, 26 and other morbidity, is immoral, malicious, and oppressive. 27 278. Likewise, marketing other high-sugar children’s cereals, like Waffle Crisp, with 28 false and misleading health and wellness claims, is immoral, malicious, and oppressive. 113 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 38 of 77

1 5. Post Egregiously Markets Some High-Sugar Cereals to Children Even 2 Though They Contain Artificial Trans Fat 3 279. In one case, Post even markets a high-sugar cereal to children despite that it also 4 contains artificial trans fat, a substance so deadly that the FDA has banned it with a phase- 5 out deadline of 2018. These claims are false and misleading because, in addition to the health 6 dangers of consuming the products’ high sugar content, artificial trans fat is the single worst 7 nutrient (the only nutrient worse than sugar) in terms of its effect on bodily health, and 8 particularly heart health. 9 280. Specifically, Post markets its Waffle Crisp cereal with a cartoon waffle mascot, 10 representing that it contains “Iron & Zinc for Growth.” But Waffle Crisp also contains 12g of 11 sugar, accounting for 40% of the cereal by weight, and 40% of its calories, and contributing 12 between 80% and 100% of children’s AHA-recommended daily maximum added sugar 13 intake. In addition, Waffle Crisp is made with partially hydrogenated vegetable oil containing 14 toxic artificial trans fat. 15 281. As noted above, there are obesity and type 2 diabetes epidemics among 16 American children currently, rendering them most vulnerable to false advertising that has the 17 effect of promoting sugar and artificial trans fat consumption. 18 282. Marketing such an unhealthy food to children or for their consumption, and 19 especially through the use of claims that suggest the cereal is a healthy choice, is immoral, 20 malicious, oppressive, and egregious. 21 6. Post Knows or Reasonably Should Know of the Strong Scientific Evidence 22 Demonstrating Its High-Sugar Cereals are Unhealthy to Consume But Fails 23 to Warn Consumers of the Known Dangers of Consuming Its High-Sugar 24 Cereals 25 283. As a longtime and major national food manufacturer, Post is well-positioned to 26 know the most current food science. Moreover, the issue of added sugar has gained increasing 27 prominence over the past decade. 28 284. Post maintains on its website a page titled “Post Nutrition Pledge,” in which it 114 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 39 of 77

1 demonstrates it is aware of concerns regarding sugar, for example stating that it has “been 2 steadily decreasing the sugar in all our varieties of sweetened cereals for years now.”92 Even 3 if literally true, however, any such reduction has been minuscule. 4 285. For example, scientific evidence of the dangers of sugar was available to Post as 5 a result of its membership in the Whole Grains Council. For example, the Whole Grains 6 Counsel website notes Harvard research finding that replacing sugar with whole grains lowers 7 heart disease risk.93 8 286. Despite knowing of the dangers of the added sugar in its cereals, Post failed to 9 adequately warn consumers, but instead induced them to consume the Post cereals through 10 affirmative health and wellness misrepresentations that also distracted consumers from the 11 dangers presented by the Post cereals. 12 7. Post Violates FDA and State Food Labeling Regulations 13 287. Several of Post’s cereals contain statements that violate FDA food labeling 14 regulations, which have been adopted as California’s labeling regulations pursuant to the 15 California Sherman Food, Drug, and Cosmetic Law, Cal. Health & Safety Code §§ 109875 16 et seq. (the “Sherman Law”). See id. § 110665 (“Any food is misbranded if its labeling does 17 not conform with the requirements for nutrition labeling as set forth in Section 403(q) (21 18 U.S.C. Sec. 343(q)) of the federal act and the regulations adopted pursuant thereto.”). 19 a. In Violation of State and Federal Regulations, Post’s Health and 20 Wellness Statements are False, Misleading, and Incomplete 21 288. Post’s health and wellness statements challenged herein were false and 22 misleading for the reasons described herein, in violation of 21 U.S.C. § 343(a), which deems 23 misbranded any food whose “label is false or misleading in any particular.” Post accordingly 24 also violated California’s parallel provision of the Sherman Law. See Cal. Health & Safety 25

26 92 See http://postfoods.com/about-us/post-nutrition-pledge 27 93 See http://wholegrainscouncil.org/replacing-butter-sugar-or-refined-grains-with-whole- 28 grains-cuts-heart-disease-risk 115 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 40 of 77

1 Code § 110660. 2 289. Post’s health and wellness statements challenged herein also “fail[ed] to reveal 3 facts that are material in light of other representations made or suggested by the statement[s], 4 word[s], design[s], device[s], or any combination thereof,” in violation of 21 C.F.R. § 5 1.21(a)(1). Such facts include the detrimental health consequences of consuming added 6 sugars in amounts present in the challenged products. 7 290. Post similarly failed to reveal facts that were “[m]aterial with respect to the 8 consequences which may result from use of the article under” both “[t]he conditions 9 prescribed in such labeling,” and “such conditions of use as are customary or usual,” in 10 violation of § 1.21(a)(2). Namely, Post failed to disclose the increased risk of serious chronic 11 disease likely to result from the usual consumption of its cereals in the customary manner. 12 291. Post’s implied and express health claims challenged herein also violate 21 13 C.F.R. §§ 101.14(d)(2)(ii), (iii) & (e) because, for the reasons discussed herein, the claims 14 are not “complete, truthful, and not misleading,” and many of the claims—like “heart 15 healthy”—are not “limited to describing the value that ingestion (or reduced ingestion) of the 16 substance, as part of a total dietary pattern, may have on a particular disease or health-related 17 condition.” 18 292. On packaging of Shredded Wheat Honey Nut that was in use for some time, Post 19 also falsely stated that the product contained “No Added [ ] Sugar,” and “0 grams of sugars 20 per serving,” in violation of 21 C.F.R. § 101.13. 21 b. Post Violates Additional Regulations Governing Health Claims 22 293. A health claim “expressly or by implication . . . characterizes the relationship of 23 any substance to a disease or health-related condition.” 21 C.F.R. § 101.14(a)(1). Foods may 24 not contain such claims “unless: (1) The claim is specifically provided for in subpart E of this 25 part; and (2) The claim conforms to all general provisions of this section as well as to all 26 specific provisions in the appropriate section of subpart E of this part,” id. § 101.14(e). 27 294. Post’s cereals contain health claims in violation of § 101.14(e), as follows: 28 a. Honey Bunches of Oats – Honey Roasted, With Almonds, Raisin Medley, 116 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 41 of 77

1 With Pecan Bunches, With Vanilla Bunches, Fruit Blends – Banana Blueberry, Fruit 2 Blends – Peach Raspberry (“Heart Healthy” with depiction of heart in circle); 3 b. Shredded Wheat – Honey Nut (“Heart Health,” “May Help Reduce the 4 Risk of Heart Disease” along with depiction of heart, “Reduced Cancer Risk,” and 5 “Digestive Health: Diets rich in fiber . . . are important for maintaining digestive 6 health.”); 7 c. Shredded Wheat – Crunch! (“POST SHREDDED WHEAT CRUNCH 8 MAY HELP REDUCE THE RISK OF HEART DISEASE,” and “heart healthy”); 9 d. Great Grains Protein Blend: Honey, Oats & Seeds & Cinnamon Hazelnut 10 (“Diets rich in fiber help keep you fuller longer which is important for weight 11 management.”); 12 e. Honey Bunches of Oats – Whole Grain Honey Crunch and Whole Grain 13 with Vanilla Bunches (Heart design in “I” in “Whole Grain” name, and “Fiber . . . is 14 important to help maintain digestive health.”); 15 f. Raisin Bran (“Fiber is good for digestive health.”); 16 g. Bran Flakes (“DIETARY FIBER TO HELP MAINTAIN DIGESTIVE 17 HEALTH,” “FIBER TO HELP WITH WEIGHT MANAGEMENT,” and “Experts 18 recommend diets rich in fiber to help keep you satisfied while you exercise and cut 19 calories to lose weight.”). 20 295. Furthermore, Post’s statements that Post Great Grains Protein Blend: Honey, 21 Oats & Seeds and Cinnamon Hazelnut will “help you burn more calories” and “enhance your 22 metabolism,” because “protein generally requires about 25% more energy to digest” (as well 23 as related statements suggesting eating the product will “increase your metabolism by 10%,” 24 or otherwise representing the product will promote weight loss) are also unlawful, in violation 25 of FDA and corresponding California food labeling regulations. Because metabolism and 26 weight are “disease or health-related conditions,” and there is no protein-based health claim 27 connected to weight loss or metabolism prescribed under Subpart E of title 21 of the Code of 28 Federal Regulations, Post’s labeling of Post Great Grains Protein Blend: Honey, Oats & 117 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 42 of 77

1 Seeds and Cinnamon Hazelnut violates 21 C.F.R. § 101.14, and corresponding California 2 law, rendering the product misbranded. 3 296. The statements set forth above associating fiber with weight loss or digestive 4 health on Great Grains Protein Blend: Honey, Oats & Seeds & Cinnamon Hazelnut, Honey 5 Bunches of Oats – Whole Grain Honey Crunch and Whole Grain with Vanilla Bunches, and 6 Bran Flakes are unlawful for similar reasons. 7 297. The use of the term “Heart Healthy,” with depiction of heart in circle, on various 8 Honey Bunches of Oats products violates § 101.14(e) because the statements are not permitted 9 under Subpart E. And because the statements are made in connection with health claims 10 permitted under the FDAMA, § 101.14(d)(2) does not allow Post to make claims, other than 11 the health claim permitted under the FDAMA, even if such other claims are “related” and 12 would be allowed for a health claim authorized under Subpart E instead of under the FDAMA. 13 298. The same is true for “heart healthy” statements and depictions of hearts on 14 Honey Bunches of Oats – Whole Grain and Shredded Wheat cereals. 15 B. Post Used its Website, as Referenced on Some Labels, and Other Online Fora, to 16 Spread Misinformation about the Dangers of Consuming the Added Sugar in its 17 Cereals 18 299. The side panel of Post’s cereals invites consumers to “visit [Post] at: 19 postfoods.com” (the “Post Website”). 20 300. Post uses the Post Website to further its deceptive marketing of high-sugar 21 cereals as healthy. 22 301. For example, the Post Website states that one of Post’s “VALUE[S]” IS 23 “Nourishing Goodness,” which according to Post means, “[w]e craft our products with careful 24 attention to goodness. Start your day with us and nourish your body with whole, grains, 25 protein, vitamins and minerals.” This statement appears adjacent to a photograph of a woman 26 eating a bowl of Post Great Grains Crunchy Pecans. 27 28 118 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 43 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 302. Other “VALUE[S]” Post represents it has include: 14 a. VALUE # 2 - “Goodness on Purpose” with Post stating, “We take great 15 care to use wholesome ingredients to help you take great care of your whole family.” 16 b. VALUE # 4 – “No HFCS, Ever” 17 c. VALUE # 6 – “Something for Everyone,” with Post stating, “there’s a 18 Post cereal for every taste and nutritional need to keep everyone in your family happy 19 and healthy.” 20 d. VALUE #7 – “The Best Nature has to Offer,” with Post stating, “We are 21 committed to understanding and utilizing the highest quality of ingredients in order to 22 nourish you and your family.” 23 303. The Post Webpage includes a purported “Nutrition Pledge,” wherein Post states, 24 “We Pledge to Help you Start Each Day Right,” because “Post Foods was established on the 25 principle that good nutrition can change the way we feel, look, and perform.” 26 304. Post further claims that: 27 Helping you be healthy each day is rewarding for us and it’s in our roots. Post Foods was literally created to enhance health. . . . Over the years, we’ve learned 28 119 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 44 of 77

1 even more about the health benefits of a diet rich in grains. Eating grains – particularly whole grains – can help you meet your daily nutrient needs and 2 provides broad-reaching health benefits. Whole grains are an important source 3 of many nutrients, including dietary fiber, several B vitamins, minerals, and natural antioxidants. Peer-reviewed scientific studies show major health 4 problems, from heart disease and obesity to diabetes and cancer, occur less 5 frequently with a diet rich in whole grains. So, today, we know the benefits of what C.W. Post created reach far beyond digestive health. 6 7 305. Post further claims it “believe[s] whole grains are an essential component of a 8 healthy lifestyle,” but also “believe[s] that sugar in moderation brings fun to breakfast.” 9 306. These statements, both alone, and in combination with Post’s other advertising, 10 mislead consumers into believe that Post’s cereals are healthy and the supposed “moderate” 11 amount of sugar in them is not concerning. 12 307. The Post Website also includes a link to a page titled “Our Brands,” which 13 includes pictures of “Post’s Family of cereals,” and allows a browser to click on each cereal 14 for more information about it. 15 308. Post uses each cereal’s dedicated webpage to further its false and misleading 16 health and wellness messaging, as follows: 17 a. Post Alpha-Bits: Underneath the heading “Enriching from A to Z,” Post 18 claims “Alpha-Bits is a trusted source of essential vitamins and minerals that your child 19 needs, including vitamin A, iron and zinc!” Lower on the same page, Post claims, “It’s 20 an excellent source of vitamin, and has added nutrients like iron and zinc that help 21 support healthy brain development. Alpha-Bits also provides 20g of whole grain (per 22 30g serving), and 12 essential vitamins and minerals that growing kids need!” 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 120 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 45 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 (i.) After clicking the “VIEW NUTRITION INFO” link, Post makes 15 the following additional health and wellness claims: 16 (A) “Alpha-Bits is fortified with nutrients that growing kids 17 need” 18 (B) “Did You Know? Alpha-Bits has: ● Iron and zinc help to 19 support healthy brain development ● 20g whole grain per 30g serving* ● 20 Excellent source of vitamin D and iron ● 12 essential vitamins and 21 minerals ● No artificial flavors ● Contains nutrients that support healthy 22 brain development” 23 (C) “Post® Alpha-Bits® cereal is fortified with nutrients that 24 help support healthy brain development in children. Iron helps deliver 25 oxygen to the brain & body. Zinc helps brain & body cells grow and 26 develop. Choline helps the brain send messages.” 27 28 121 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 46 of 77

1 2 3 4 5 6 7 8 9 10 (ii.) After clicking the “Our Story” link for Post Alpha-Bits, Post 11 continues its deceptive marketing strategy under the heading “The Alpha-Bit 12 Story: Wholesome From A to Z,” by claiming that “For decades, Post Alpha- 13 Bits has remained a trusted brand with its great-tasting, whole grain oat and corn 14 cereal pieces, nutrients to support healthy brain development and the alphabet 15 fun that kids and mom L-O-V-E.” “In fact, the Alpha-Bits on shelves today has 16 a more nutritious formula that the original cereal that launched more than 50 17 years ago. The cereal has 20 grams of whole grain, only 6 grams of sugar and 18 12 essential vitamins and minerals. Alpha Bits cereal is a great way for growing 19 children to start their day.” 20 21 22 23 24 25 26 27

28 122 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 47 of 77

1 b. Post Golden Crisp: After clicking the “VIEW NUTRITION INFO” link 2 on the Post Golden Crisp webpage, Post claims “Golden Crisp isn’t just sweet to eat. 3 It also has good stuff, like essential vitamins and minerals,” and asks “Did You Know?

4 Golden Crisp Has: ● 10 essential vitamins and minerals ● Excellent source of six B

5 vitamins ● Excellent source of vitamin D ● Good source of iron and zinc ● Fat- and 6 cholesterol-free.” 7 8 9 10 11 12 13 14 15 16 c. Post Great Grains: Prominently featured on the Post Great Grains 17 webpage is a large banner depicting a bowl of the cereal, next to the claim, “Nutrition 18 You Can See,” underneath which Post claims, “You can’t argue with nutrition you can 19 see. Great Grains starts whole and stays whole, so you know you’re eating better 20 nutrition,” with a clickable button inviting consumers to “See the Difference.” Clicking 21 “See the Difference” sends the browser a page which furthers Post’s health and 22 wellness messaging by touting Post Great Grains as “Less-Processed Nutrition,” 23 “Quite simply because it’s good for you!,” and contains “nutritious fruit, nuts and/or 24 seeds” “balance[d] . . . with . .. grains,” for a “less processed whole grain cereal that’s 25 high in natural fiber.” At the bottom of this page is a variety of Post Great Grains 26 nutrition information. These “Nutrition” pages for each variety including further 27 claims; for example, on the “Nutrition” page for Post Great Grains Cranberry Almond

28 Crunch, Post asks “Did You Know? Great Grains Cranberry Almond Crunch has: ● 123 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 48 of 77

1 35g of whole grain per serving** ●24% of your Daily Value for fiber (6g of fiber per

2 serving) ● 0g saturated fat, 0g trans fat and 0mg cholesterol per serving ● 14 vitamins

3 and minerals ● Excellent source of antioxidant vitamins C and E . . . ● 9g Protein with 4 milk” 5 6 7 8 9 10 11 12 13 14 15 16 17 d. Post Honey Bunches of Oats: The Post Honey Bunches of Oats webpage 18 similarly continues Post’s deceptive health and wellness messaging. Prominently 19 displayed on the page is a large banner stating that “Honey Bunches of Oats Whole 20 Grain Varieties” contain “2/3 of your day’s whole grain.” 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 124 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 49 of 77

1 2 3 4 5 6 7 8 9 10 11

12 (i.) Clicking on the “Our Story” link brings a browser to a video that 13 touts Post Honey Bunches of Oats as “WHOLESOME,” overlaid on a field of 14 grain. 15 16 17 18 19 20 21 22 23

24 25 (ii.) The “Nutrition” links for each variety continue this messaging with,

26 claims such as “ Heart Healthy (0g trans fat, 0g saturated fat, 0mg cholesterol

27 per serving) ● 2/3 of your day’s whole grain (32g per serving); whole grains are 28 an important part of a balanced diet, but on average, Americans eat less than 1 125 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 50 of 77

1 serving of whole grains per day. ● Good source of fiber (5g per serving); fiber 2 fills you up, helps keep you satisfied and is important to help maintain digestive

3 health. ● 12 essential vitamins and minerals; including iron and folic acid which 4 are important for moms-to-be and growing children.” 5 6 7 8 9 10 11 12 13 14 15 16 e. Post Honeycomb: The “Nutrition” link on the Post Honeycomb webpage

17 asks, “Did You Know? Honeycomb cereal has: 8g of whole grain per serving ●

18 Excellent source of vitamin D ● Low in fat and cholesterol-free ● 10 essential vitamins 19 and minerals.” 20 f. Post Bran Flakes: Prominently displayed on the Post Bran Flakes page 21 is a banner claiming the product will “Improve Your Digestive Health,” because “Post 22 Bran Flakes is an excellent source of fiber, which aids digestion. When you feel good 23 inside, you feel better all over.” Post further describes Post Bran Flakes as “a 24 wholesome breakfast choice for the whole family, made with whole grain wheat and 25 wheat bran. Each serving provides 16g of whole grain, 5g of fiber and 13 essential 26 vitamin and minerals.” The “Nutrition” link on the Post Bran Flakes webpage 27 continues this health messaging by claiming that “Post Bran Flakes is an excellent 28 source of fiber, which is good for your digestive health,” and asking “Did You Know 126 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 51 of 77

1 Post Bran Flakes has: 16g of whole grin per serving* ● 20% of your Daily Value for

2 fiber (5f of fiber per serving) ● Low in fat and cholesterol-free ● 13 vitamins and 3 minerals.” 4 5 6 7 8 9 10 11 12 13 14 15 16 g. Post Raisin Bran: Prominently displayed on the Post Raisin Bran 17 webpage is a banner with the large claim, “No High-Fructose Corn Syrup” underneath 18 which is the further claim, that “As part of Post’s commitment to goodness, we don’t 19 use high-fructose corn syrup in Post Raisin Bran – or any of our products.” Below that 20 Post asks “Have you ever wondered: How is Raisin Bran Naturally Delicious?,” 21 answering, “Post Raisin Bran has hundreds of 100% Sun-Maid® California Raisins in 22 every box, and is made with whole grain wheat and wheat bran for delicious nutrition. 23 It provides 23g of whole grain (per serving), provides 13 essential vitamins and 24 minerals, and 32% of your Daily Value for fiber (8g per serving).” 25 /// 26 /// 27 /// 28 /// 127 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 52 of 77

1 2 3 4 5 6 7 8 9 10 11

12 13 h. Post Shredded Wheat: Upon arriving at the Post Shredded Wheat 14 webpage, consumers are greeted by a large banner depicting a bowl of Post Shredded 15 Wheat next to the claim “Zero In On Your Health,” underneath which Post claims, 16 “The 100% whole grain goodness of Post Shredded Wheat has zero sodium, 0g sugar 17 and zero cholesterol per serving.” This is especially deceptive because Post does not 18 distinguish between Post Shredded Wheat and sweetened varieties, such as Post 19 Shredded Wheat Honey Nut, which contains 12g of sugar per serving. Each variety, 20 including those sweetened varieties containing high amounts of added sugar, are 21 pictured below the banner, and the “Nutrition” link on the same page takes a browser 22 to information about all these varieties of shredded wheat. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 128 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 53 of 77

1 2 3 4 5 6 7 8 9 10 (i.) Clicking on the “Learn More” link on the “Zero In On Your Health” 11 banner takes users to a page dedicated entirely to Post’s deceptive health and 12 wellness marketing strategy. Post claims “Making 100% whole grain Post 13 Shredded Wheat part of your regular diet, at breakfast or any other meal, is just 14 one way to choose a healthier lifestyle. Get even more expert nutrition and health 15 information by browsing the topics below,” which include “Fiber & Whole 16 Grains,” “Diet & Exercise” and “Heart Health,” and include the following 5 17 articles: “Whole Grains Shown to be Naturally Protective for Your Heart,” 18 “Inflammation, The Second Half of the Cardiovascular Heart Disease Puzzle,” 19 “Studies Show Eating Whole Grains Reduces Chronic Inflammation in 20 Diabetics,” “Whole Grains—A Natural Way to Fight Diabetes,” and 21 “Antioxidants in Whole Grains May Boost Immunity and Slow Aging.” Each of 22 these supposed “articles” is actually just a summary of information found 23 elsewhere, without identifying the author of any of the “articles.” Each “article” 24 concludes “With all this great news, why wait? Fill your bowl at least once a day 25 with whole‐grain Post cereal and be good to your heart! Our whole grains 26 contain natural fiber and antioxidants — that’s the Post Natural Advantage.” All 27 but one of these articles touts the health benefits of whole grains while omitting 28 the negative health consequences of consuming the sugar in Post’s products. The 129 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 54 of 77

1 one article that mentions sugar, “Inflammation, the Second Half of the Coronary 2 Heart Disease Puzzle,” declares that “a diet rich in high calorie, processed, easily 3 digestible, nutrient poor foods is an underlying cause of inflammation . . . . These 4 types of meals lead to spikes in blood sugar and fat, including oxidative stress 5 which among other things leads to inflammation,” demonstrating Post was and 6 is well aware of the deleterious effects of the processed sugar in its products, yet 7 leverages its whole grain messaging to convince consumers that its cereals are 8 nonetheless healthy. 9 10 11 12 13 14 15 16 17 18 19 20 21 (ii.) The “Zero In On Your Health” banner also scrolls to reveal other 22 health and wellness banners, such as “9 of 10 Doctors Agree! 94% of physicians 23 surveyed with over 15 years experience would recommend adding Post 24 Shredded Wheat to your diet to improve and maintain heart health.” The “Learn 25 More” link on the banner takes consumers to a page titled “The Right Choice 26 for Your Heart” which makes further health and wellness claims. 27 28 130 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 55 of 77

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 i. Post Waffle Crisp: Post furthers its health and wellness messaging about 22 Post Waffle Crisp online, as well. For example, the webpage for Post Waffle Crisp 23 states that “Waffle Crist also provides 10 essential vitamins and minerals in every 24 serving.” The “Nutrition” link leads to a claim that “Each serving provides essential 25 nutrients that make eating waffle crisp just a little bit sweeter,” and asks “Did You

26 Know? Waffle Crisp has: Low in saturated fat and cholesterol-free ● 10 essential

27 vitamins and minerals ● Excellent source of six B vitamins ● Good source of iron and 28 zinc.” 131 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 56 of 77

1 2 3 4 5 6 7 8 9 10 C. Post Made Misleading Public Statements Concerning High-Sugar Cereals 11 309. Post has also periodically issued press releases furthering its misleading health 12 and wellness messaging of its cereals. 13 310. For example, Post issued a press release on January 17, 2013 titled “New Post 14 Great Grains Protein Blend Cereal Aims to Boost Americans’ Metabolisms in 2013,” 15 claiming that the “Combination Of Protein, Whole Grain And Fiber Helps Increase 16 Metabolic Rate.” Post further claims that “Americans’ top resolution for 2013 is to lose 17 weight. Post Foods, LLC, is doing their part to help these goals come to fruition with the 18 introduction of the new Great Grains Protein Blend cereal, which helps support a healthy 19 metabolism.” The press release continues to mislead consumers into thinking this high-sugar 20 cereal is “nutritious” and “wholesome” and “heart healthy.” 21 311. On February 5, 2014, Post issued another press release in which it claimed that, 22 “All Great Grains cereals are made with less processed grains for more wholesome nutrition 23 in every bowl. Every recipe has at least 30g of whole grains per serving and is a heart healthy 24 way to start the day.” 25 D. The Foregoing Behaviors are Part of Post’s Longstanding Policy, Practice, and 26 Strategy of Marketing its High-Sugar Cereals as Healthy in Order to Increase 27 Sales and Profit 28 312. The practices complained of herein, while specific to certain cereal lines, cereal 132 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 57 of 77

1 flavors or varieties, and certain packaging claims, are exemplary of, and consistent with, 2 Post’s longtime practice of intentionally and strategically marketing high-sugar cereals with 3 health and wellness claims that both deceptively suggest the products are healthy, and 4 deceptively omit the dangers of consuming the products. 5 313. These practices have been consistent notwithstanding Post’s occasional 6 discontinuation or introduction of new products or lines of cereal, reformulation of products, 7 or labeling or packaging changes. 8 314. This strategy is based on sophisticated consumer marketing research, and has 9 been undertaken by Post with the purpose of increasing the prices, sales, and market share of 10 its cereals. 11 315. Unless enjoined from using in the marketing of high-sugar cereals the health and 12 wellness marketing statements, representations, strategies, and tactics complained of herein, 13 Post will continue to employ this strategy, as the consumer preference for healthier-seeming 14 foods is strong. 15 316. In fact, Neilsen’s 2015 Global Health & Wellness Survey found “88% of those 16 polled are willing to pay more for healthier foods.”94 17 E. Post’s Policy and Practice of Marketing High-Sugar Cereals as Healthy is 18 Especially Harmful Because Consumers Generally Eat More than One Serving of 19 Cereal at a Time, Which Post Knows or Reasonably Should Know 20 317. The serving size for Post’s cereals is generally either 1 cup or, less frequently, 21 3/4 cup. Depending on the type of cereal, this generally means either around 30g or 50g per 22 serving. 23 318. In 2014, the FDA analyzed food consumption data between 2003 and 2008, from 24 the National Health and Nutrition Examination Survey (NHANES, discussed previously 25 above), finding that at least 10% of Americans eat at one sitting, 2 to 2.6 times the amount of 26 94 27 Nancy Gagliardi, Forbes, Consumers Want Healthy Foods--And Will Pay More For Them, (Feb. 18, 2015) (citing Neilson, We are what we eat, Healthy eating trends around the world, 28 at 11 (Jan. 2015)). 133 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 58 of 77

1 cereal as the labeled serving size. Federal regulations thus provide that the reference amount 2 customarily consumed (RACC) for cereal is 110 grams. 21 C.F.R. § 101.12(b). 3 319. A study conducted by cereal giant General Mills found that children and 4 adolescents 6 to 18 years old typically eat about twice as much cereal in a single meal 5 compared to the suggested serving size. 6 320. Another study, by Yale University’s Rudd Center for Food Policy and Obesity, 7 found that children 5 to 12 years old ate an average of 35 grams of low-sugar cereals, but an 8 average of 61 grams of high-sugar cereals.95 9 321. As a result of consumers’ actual eating habits, Post’s high-sugar cereals in reality 10 contribute significantly more sugar to their consumers’ diets than even the high amount in a 11 single serving suggests. 12 322. For example, doubling a serving of most Post cereals would cause men, women, 13 and children all to exceed their AHA-recommended maximum daily sugar intake in just the 14 single breakfast serving—in some cases providing more than three times the daily maximum. 15 323. For this reason, the Post high-sugar cereals are especially dangerous to the health 16 of those who regularly consume them. 17 PLAINTIFFS’ PURCHASES, RELIANCE, AND INJURY 18 A. Plaintiff Debbie Krommenhock 19 324. Over the past approximately two years, plaintiff Debbie Krommenhock 20 purchased the following Post cereals and granolas. 21 a. Post Honey Bunches of Oats Cereal – With Almonds 22 b. Post Honey Bunches of Oats Granola – Honey Roasted 23 c. Post Shredded Wheat - Honey Nut 24 d. Post Raisin Bran 25 325. Ms. Krommenhock purchased the foregoing Post cereals and granolas at either 26 27 95 Jennifer L. Harris, et al., “Effects of Serving High-Sugar Cereals on Children’s Breakfast- 28 Eating Behavior,” Pediatrics, Vol. 127, Issue 1 (Jan. 2011). 134 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 59 of 77

1 the Lucky’s located at 21001 San Ramon Valley Boulevard, in San Ramon, California 94583, 2 or the Wal-Mart located at 9100 Alcosta Boulevard, in San Ramon, California 94583. 3 326. As best she can recall, Ms. Krommenhock purchased Post Honey Bunches of 4 Oats – With Almonds multiple times, beginning approximately two years ago, with her most 5 recent purchase in approximately July 2016, purchasing the product approximately a few 6 times per year. 7 327. As best she can recall, Ms. Krommenhock purchased Post Honey Bunches of 8 Oats Granola – Honey Roasted one time during the past two years. 9 328. As best she can recall, Ms. Krommenhock purchased Post Shredded Wheat 10 Honey Nut approximately six times over the past several years, with her last purchase in 11 around June 2016. 12 329. As best she can recall, Ms. Krommenhock purchased Post Raisin Bran on a few 13 occasions, with the last time in or about summer 2015. 14 330. For each Post cereal and granola purchased, Ms. Krommenhock read and 15 decided to purchase the product in substantial part based upon Post’s health and wellness 16 labeling statements discussed herein and set forth above with respect to each cereal or granola 17 variety, which statements—individually, and especially in the context of the packaging as a 18 whole—made the products seem like healthy food choices to Ms. Krommenhock. 19 * * * 20 331. When purchasing the Post cereals and granola, Ms. Krommenhock was seeking 21 products that were healthy to consume, that is, of which consumption would not increase her 22 risk of CHD, stroke, and other morbidity. 23 332. The health and wellness representations on the Post cereals’ and granola’s 24 labeling, however, was misleading, and had the capacity, tendency, and likelihood to confuse 25 or confound Ms. Krommenhock and other consumers acting reasonably (including the 26 putative Class) because, as described in detail herein, the products are not healthy but instead 27 their consumption increases the risk of CHD, stroke, and other morbidity. 28 333. Ms. Krommenhock is not a nutritionist or food scientist, but rather a lay 135 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 60 of 77

1 consumer who did not have the specialized knowledge that Post had regarding the nutrients 2 present in the Post cereals and granolas. At the time of purchase, plaintiff was unaware of the 3 extent to which consuming high amounts of added sugar in any form adversely affects blood 4 cholesterol levels and increases risk of CHD, stroke, and other morbidity, or what amount of 5 sugar might have such an effect. 6 334. Ms. Krommenhock acted reasonably in relying on Post’s health and wellness 7 marketing, which Post intentionally placed on the products’ labels with the intent to induce 8 average consumers into purchasing the products. 9 335. Ms. Krommenhock would not have purchased Post cereals and granola if she 10 knew that their labeling claims were false and misleading in that the products were not as 11 healthy as represented. 12 336. The Post cereals and granolas cost more than similar products without 13 misleading labeling, and would have cost less absent the misleading health and wellness 14 claims. If Post were enjoined from making the misleading claims, the market demand and 15 price for its cereals and granola would drop, as it has been artificially and fraudulently inflated 16 due to Post’s use of deceptive health and wellness labeling. 17 337. Ms. Krommenhock paid more for the Post cereals and granola, and would only 18 have been willing to pay less, or unwilling to purchase them at all, absent the misleading 19 labeling statements complained of herein. 20 338. For these reasons, the Post cereals and granola were worth less than what Ms. 21 Krommenhock paid for them, and may have been worth nothing at all. 22 339. Instead of receiving products that had actual healthful qualities, the products Ms. 23 Krommenhock received were not healthy, but rather their consumption causes increased risk 24 of CHD, stroke, and other morbidity. 25 340. Ms. Krommenhock lost money as a result of Post’s deceptive claims and 26 practices in that she did not receive what she paid for when purchasing the Post cereals and 27 granola. 28 341. Ms. Krommenhock detrimentally altered her position and suffered damages in 136 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 61 of 77

1 an amount equal to the amount she paid for the products. 2 342. As a result of Post’s practices, Ms. Krommenhock has suffered bodily injury in 3 the form of increased risk of CHD, stroke, and other morbidity. 4 B. Plaintiff Stephen Hadley 5 343. Plaintiff Stephen Hadley has been a frequent cereal eater for many years. Mr. 6 Hadley is relatively health-conscious. During the past several years and prior, in seeking out 7 cereals to eat, Mr. Hadley has generally tried to choose healthy options, and has been willing 8 to pay more for cereals he believes are healthy. 9 344. Over the past several years, Mr. Hadley has purchased Post cereals on multiple 10 occasions, including Post Great Grains cereals, Post Honey Bunches of Oats cereals and 11 granolas, Post Shredded Wheat cereals, and various Post single cereals. 12 345. Post Great Grains Cereals. Over the past several years, Mr. Hadley has 13 purchased the following varieties of Post Select/Great Grains cereals: 14 a. Post Great Grains Blueberry Morning 15 b. Post Great Grains Cranberry Almond Crunch 16 c. Post Great Grains Banana Nut Crunch 17 d. Post Great Grains Raisins, Dates & Pecans 18 e. Post Great Grains Crunchy Pecans 19 346. Mr. Hadley believes he may also have purchased Post Great Grains Blueberry 20 Pomegranate, and Post Great Grains Protein Blend: Cinnamon Hazelnut cereals. 21 347. To the best of his recollection, Mr. Hadley has been purchasing Post Great 22 Grains cereals since early 2012 (including in their earlier incarnation as Post Selects or Post 23 Selects/Great Grains). Given plaintiff’s habits, he believes he purchased one variety or 24 another with a frequency of approximately once every couple of months. Plaintiff believes he 25 purchased Post Great Grains cereals from locations including: (a) the Nob Hill Foods located 26 at 900 Lighthouse Avenue, in Monterey, California 93940, (b) the Trader Joe’s located at 570 27 Munras Avenue, in Monterey, California (c) the Safeway located at 815 Canyon Del Rey 28 Boulevard, in Del Rey Oaks, California 93940, (d) the Grocery Outlet located at 1523 137 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 62 of 77

1 Freemont Boulevard, in Seaside, California 93955, (e) the Wal-Mart located at 150 Beach 2 Road, in Marina, California 93933, and (f) the Target located at 2040 California Avenue, in 3 Sand City, California 93955. Mr. Hadley believes he last purchased a Post Great Grains 4 cereal in approximately April or May 2016. 5 348. For each Post Great Grains cereal purchased, Mr. Hadley read and decided to 6 purchase the product in substantial part based upon Post’s health and wellness labeling 7 statements discussed herein and set forth above with respect to each variety, which 8 statements—individually, and especially in the context of the packaging as a whole—made 9 the products seem like healthy food choices to Mr. Hadley. 10 349. Post Honey Bunches of Oats Cereals & Granolas. Over the past several years, 11 Mr. Hadley has purchased the following varieties of Post Honey Bunches of Oats cereals and 12 granolas: 13 a. Post Honey Bunches of Oats Cereal – Honey Roasted 14 b. Post Honey Bunches of Oats Cereal – With Almonds 15 c. Post Honey Bunches of Oats Cereal – Raisin Medley 16 d. Post Honey Bunches of Oats Cereal – With Pecan Bunches 17 e. Post Honey Bunches of Oats Cereal – With Vanilla Bunches 18 f. Post Honey Bunches of Oats Cereal – With Real Strawberries 19 g. Post Honey Bunches of Oats Cereal – Whole Grain Honey Crunch 20 h. Post Honey Bunches of Oats Cereal – Greek Honey Crunch 21 i. Post Honey Bunches of Oats Granola – Honey Roasted 22 j. Post Honey Bunches of Oats Protein Granola – with Dark Chocolate 23 350. Mr. Hadley believes he may also have purchased the Apples & Cinnamon 24 Bunches variety of Honey Bunches of Oats cereal, and Cinnamon granola. 25 351. To the best of his recollection, Mr. Hadley has been purchasing Post Honey 26 Bunches of Oats cereals since early 2012. Given plaintiff’s habits, he believes he purchased 27 one variety or another with a frequency of approximately once every two weeks. Plaintiff 28 believes he purchased Post Honey Bunches of Oats cereals from locations including: (a) the 138 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 63 of 77

1 Safeway located at 815 Canyon Del Rey Boulevard, in Del Rey Oaks, California 93940, (b) 2 the Wal-Mart located at 150 Beach Road, in Marina, California 93933, and (c) the Target 3 located at 2040 California Avenue, in Sand City, California 93955. Plaintiff believes he last 4 purchased a Post Honey Bunches of Oats cereal in July 2016. 5 352. To the best of his recollection, Mr. Hadley purchased Post Honey Bunches of 6 Oats granolas likely one time, in the spring of 2013, from the Nob Hill Foods located at 900 7 Lighthouse Avenue, in Monterey, California 93940. 8 353. For each Post Honey Bunches of Oats cereal purchased, Mr. Hadley read and 9 decided to purchase the product in substantial part based upon Post’s health and wellness 10 labeling statements discussed herein and set forth above with respect to each variety, which 11 statements—individually, and especially in the context of the packaging as a whole—made 12 the products seem like healthy food choices to Mr. Hadley. 13 354. Post Shredded Wheat. Over the past several years, Mr. Hadley has purchased 14 Post Shredded Wheat Honey Nut cereal. 15 355. To the best of his recollection, Mr. Hadley has been purchasing Post Shredded 16 Wheat Honey Nut cereals since fall (approximately August or September) of 2014. Given 17 plaintiff’s habits, he believes he purchased one variety or another with a frequency of 18 approximately once every four months. Plaintiff believes he purchased Post Shredded Wheat 19 Honey Nut cereal from the Grocery Outlet located at 1523 Freemont Boulevard, in Seaside, 20 California 93955. Plaintiff believes he last purchased Post Shredded Wheat Honey Nut cereal 21 in summer 2015. 22 356. For each Post Shredded Wheat Honey Nut cereal purchased, Mr. Hadley read 23 and decided to purchase the product in substantial part based upon Post’s health and wellness 24 labeling statements discussed herein and set forth above, which statements—individually, 25 and especially in the context of the packaging as a whole—made the products seem like 26 healthy food choices to Mr. Hadley. 27 357. Post Singles Cereals. Over the past several years, Mr. Hadley has purchased the 28 following “single” varieties of Post cereals: 139 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 64 of 77

1 a. Raisin Bran 2 b. Bran Flakes 3 c. Alpha Bits 4 d. Honey-Comb 5 e. Waffle Crisp 6 358. To the best of his recollection, Mr. Hadley purchased Post Raisin Bran in or 7 around the summer of 2014, from the Nob Hill Foods located at 900 Lighthouse Avenue, in 8 Monterey, California 93940. 9 359. For each of the foregoing Post cereals purchased, Mr. Hadley read and decided 10 to purchase the product in substantial part based upon Post’s health and wellness labeling 11 statements discussed herein and set forth above with respect to each variety, which 12 statements—individually, and especially in the context of the packaging as a whole—made 13 the products seem like healthy food choices to Mr. Hadley. 14 * * * 15 360. When purchasing the Post cereals and granola, Mr. Hadley was seeking products 16 that were healthy to consume, that is, whose consumption would not increase his risk of CHD, 17 stroke, and other morbidity. 18 361. The health and wellness representations on the Post cereals’ and granolas’ 19 labeling, however, was misleading, and had the capacity, tendency, and likelihood to confuse 20 or confound Mr. Hadley and other consumers acting reasonably (including the putative Class) 21 because, as described in detail herein, the products are not healthy but instead their 22 consumption increases the risk of CHD, stroke, and other morbidity. 23 362. Mr. Hadley is not a nutritionist or food scientist, but rather a lay consumer who 24 did not have the specialized knowledge that Post had regarding the nutrients present in the 25 Post cereals and granolas. At the time of purchase, plaintiff was unaware of the extent to 26 which consuming high amounts of added sugar in any form adversely affects blood 27 cholesterol levels and increases risk of CHD, stroke, and other morbidity, or what amount of 28 sugar might have such an effect. 140 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 65 of 77

1 363. Mr. Hadley acted reasonably in relying on Post’s health and wellness marketing, 2 which Post intentionally placed on the products’ labels with the intent to induce average 3 consumers into purchasing the products. 4 364. Mr. Hadley would not have purchased Post cereals and granolas if he knew that 5 their labeling claims were false and misleading in that the products were not as healthy as 6 represented. 7 365. The Post cereals and granolas cost more than similar products without 8 misleading labeling, and would have cost less absent the misleading health and wellness 9 claims. If Post were enjoined from making the misleading claims, the market demand and 10 price for its cereals and granolas would drop, as it has been artificially and fraudulently 11 inflated due to Post’s use of deceptive health and wellness labeling. 12 366. Mr. Hadley paid more for the Post cereals and granolas, and would only have 13 been willing to pay less, or unwilling to purchase them at all, absent the misleading labeling 14 statements complained of herein. 15 367. For these reasons, the Post cereals and granolas were worth less than what Mr. 16 Hadley paid for them, and may have been worth nothing at all. 17 368. Instead of receiving products that had actual healthful qualities, the products Mr. 18 Hadley received were not healthy, but rather their consumption causes increased risk of CHD, 19 stroke, and other morbidity. 20 369. Mr. Hadley lost money as a result of Post’s deceptive claims and practices in 21 that he did not receive what he paid for when purchasing the Post cereals and granolas. 22 370. Mr. Hadley detrimentally altered his position and suffered damages in an amount 23 equal to the amount he paid for the products. 24 371. As a result of Post’s practices, Mr. Hadley has suffered bodily injury in the form 25 of increased risk of CHD, stroke, and other morbidity. 26 CLASS ACTION ALLEGATIONS 27 372. Pursuant to Fed. R. Civ. P. 23, plaintiffs seek to represent a class of all persons 28 in California who, at any time from August 29, 2012 to the time a class is notified, purchased 141 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 66 of 77

1 high-sugar Post cereals bearing health and wellness claims for their own personal, family, or 2 household use and not for resale. 3 373. Plaintiffs nevertheless reserve the right to divide into subclasses, expand, 4 narrow, more precisely define, or otherwise modify the class definition prior to (or as part of) 5 filing a motion for class certification. 6 374. The members in the proposed class and subclass are so numerous that individual 7 joinder of all members is impracticable, and the disposition of the claims of all class members 8 in a single action will provide substantial benefits to the parties and Court. Fed. R. Civ. P. 9 23(a)(1). 10 375. Questions of law and fact common to plaintiffs and the class (Fed. R. Civ. P. 11 23(a)(2) include, without limitation: 12 a. Whether certain Post cereals contain sufficient added sugar to contribute substantially to the excessive consumption of added sugar; 13 b. Whether the excessive consumption of added sugar presents significant 14 health risks; 15 c. Whether, if the former questions of fact are answered in the affirmative, 16 this renders misleading to the reasonable consumer Post’s use of health and wellness claims on the packaging of high-sugar Post cereals; 17 d. Whether the challenged Post health and wellness claims were material; 18 e. Whether Post made any statement it knew or should have known was false 19 or misleading; 20 f. Whether Post maintained a longstanding marketing policy, practice, and strategy of selling high-sugar cereals with health and wellness claims; 21 g. Whether Post’s practices were immoral, unethical, unscrupulous, or 22 substantially injurious to consumers; 23 h. Whether the utility of any of Post’s practices, if any, outweighed the 24 gravity of the harm to its victims; i. Whether Post’s conduct violated public policy, including as declared by 25 specific constitutional, statutory or regulatory provisions; 26 j. Whether the consumer injury caused by Post’s conduct was substantial, 27 not outweighed by benefits to consumers or competition, and not one consumers themselves could reasonably have avoided; 28 142 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 67 of 77

1 k. Whether Post’s conduct or any of its acts or practices violated the California False Advertising Law, Cal. Bus. & Prof. Code §§ 17500 et 2 seq., the California Consumers Legal Remedies Act, Cal. Civ. Code §§ 3 1750 et seq., the Federal Food, Drug, and Cosmetic Act, 28 U.S.C. §§ 301 et seq., and its implementing regulations, 21 C.F.R. §§ 101 et seq., the 4 California Sherman Food, Drug, and Cosmetic Law, Cal. Health & Safety 5 Code §§ 109875, et seq., or any other regulation, statute, or law; 6 l. Whether Post’s policies, acts, and practices with respect to the Post high- sugar cereals were designed to, and did result in the purchase and use of 7 the products by the class members primarily for personal, family, or 8 household purposes; 9 m. Whether Post represented that Post high-sugar cereals have characteristics, uses, or benefits which they do not have, within the 10 meaning of Cal. Civ. Code § 1770(a)(5); 11 n. Whether Post represented Post high-sugar cereals are of a particular 12 standard, quality, or grade, when they were really of another, within the meaning of Cal. Civ. Code § 1770(a)(7); 13 o. Whether Post advertised Post high-sugar cereals with the intent not to sell 14 them as advertised, within the meaning of Cal. Civ. Code § 1770(a)(9); 15 p. Whether Post represented that Post high-sugar cereals have been supplied in accordance with previous representations when they have not, within 16 the meaning of Cal. Civ. Code § 1770(a)(16); 17 q. Whether through the challenged labels and advertising, Post made 18 affirmations of fact or promises, or descriptions of the goods; 19 r. Whether Post’s affirmations of fact or promises, or descriptions of the goods became part of the basis of the bargain for the Class’s purchases; 20 s. Whether Post failed to provide the goods in conformation with its 21 affirmations of fact, promises, and descriptions of the goods; 22 t. The proper equitable and injunctive relief; 23 u. The proper amount of restitution or disgorgement; and 24 v. The proper amount of reasonable litigation expenses and attorneys’ fees. 25 376. Plaintiffs’ claims are typical of class members’ claims in that they are based on 26 the same underlying facts, events, and circumstances relating to Post’s conduct. Fed. R. Civ. 27 P. 23(a)(3). 28 377. Plaintiffs will fairly and adequately represent and protect the interests of the 143 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 68 of 77

1 class, have no interests incompatible with the interests of the class, and have retained counsel 2 competent and experienced in class action, consumer protection, and false advertising 3 litigation, including within the food industry. 4 378. Class treatment is superior to other options for resolution of the controversy 5 because the relief sought for each class member is small such that, absent representative 6 litigation, it would be infeasible for class members to redress the wrongs done to them. 7 379. Questions of law and fact common to the class predominate over any questions 8 affecting only individual class members. 9 380. As a result of the foregoing, class treatment is appropriate under Fed. R. Civ. P. 10 23(a), (b)(2), and (b)(3), and may be appropriate for certification “with respect to particular 11 issues” under Rule 23(b)(4). 12 CAUSES OF ACTION 13 FIRST CAUSE OF ACTION 14 VIOLATIONS OF THE CALIFORNIA FALSE ADVERTISING LAW, 15 CAL. BUS. & PROF. CODE §§ 17500 ET SEQ. 16 381. Plaintiffs reallege and incorporate the allegations elsewhere in the Complaint as 17 if fully set forth herein. 18 382. The FAL prohibits any statement in connection with the sale of goods “which is 19 untrue or misleading,” Cal. Bus. & Prof. Code § 17500. 20 383. Post’s use of health and wellness advertising for Post Cereal products that 21 contain substantial amounts of added sugar is deceptive in light of the strong evidence that 22 excessive sugar consumption greatly increases risk of chronic disease. 23 384. Post knew, or reasonably should have known, that the challenged health and 24 wellness claims were untrue or misleading. 25 SECOND CAUSE OF ACTION 26 VIOLATIONS OF THE CALIFORNIA CONSUMERS LEGAL REMEDIES ACT, 27 CAL. CIV. CODE §§ 1750 ET SEQ. 28 385. Plaintiffs reallege and incorporate the allegations elsewhere in the Complaint as 144 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 69 of 77

1 if fully set forth herein. 2 386. The CLRA prohibits deceptive practices in connection with the conduct of a 3 business that provides goods, property, or services primarily for personal, family, or 4 household purposes. 5 387. Post’s policies, acts, and practices were designed to, and did, result in the 6 purchase and use of the products primarily for personal, family, or household purposes, and 7 violated and continue to violate the following sections of the CLRA: 8 a. § 1770(a)(5): representing that goods have characteristics, uses, 9 or benefits which they do not have; 10 b. § 1770(a)(7): representing that goods are of a particular standard, quality, or grade if they are of another; 11 12 c. § 1770(a)(9): advertising goods with intent not to sell them as advertised; and 13 d. § 1770(a)(16): representing the subject of a transaction has been 14 supplied in accordance with a previous representation when it 15 has not. 16 388. In compliance with Cal. Civ. Code § 1782, plaintiffs sent written notice to Post 17 of their claims, but Post has failed, after 30 days, to satisfy plaintiffs’ demand or to rectify 18 the behavior. Accordingly, plaintiffs, on behalf of themselves and the class, seek injunctive 19 relief, restitution, statutory damages, compensatory damages, punitive damages, and 20 reasonable attorneys’ fees and costs. 21 389. In compliance with Cal. Civ. Code § 1782(d), an affidavit of venue was filed 22 concurrently with the original Complaint. 23 THIRD CAUSE OF ACTION 24 VIOLATIONS OF THE CALIFORNIA UNFAIR COMPETITION LAW, 25 CAL. BUS. & PROF. CODE §§ 17200 ET SEQ. 26 390. Plaintiffs reallege and incorporate the allegations elsewhere in the Complaint as 27 if fully set forth herein. 28 391. The UCL prohibits any “unlawful, unfair or fraudulent business act or practice,” 145 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 70 of 77

1 Cal. Bus. & Prof. Code § 17200. 2 Fraudulent 3 392. Post’s use of the challenged health and wellness claims on products containing 4 high amounts of added sugar are likely to deceive reasonable consumers. 5 Unfair 6 393. Post’s conduct with respect to the labeling, advertising, and sale of Post high- 7 sugar cereals was and is unfair because Post’s conduct was and is immoral, unethical, 8 unscrupulous, or substantially injurious to consumers and the utility of its conduct, if any, 9 does not outweigh the gravity of the harm to its victims. 10 394. Post’s conduct with respect to the labeling, advertising, and sale of Post high- 11 sugar cereals was also unfair because it violated public policy as declared by specific 12 constitutional, statutory or regulatory provisions, including the False Advertising Law, the 13 Federal Food, Drug, and Cosmetic Act, and the California Sherman Food, Drug, and 14 Cosmetic Law. 15 395. Post’s conduct with respect to the labeling, advertising, and sale of Post high- 16 sugar cereals was also unfair because the consumer injury was substantial, not outweighed 17 by benefits to consumers or competition, and not one consumers themselves could reasonably 18 have avoided. 19 Unlawful 20 396. The acts alleged herein are “unlawful” under the UCL in that they violate at least 21 the following laws: 22 a. The False Advertising Law, Cal. Bus. & Prof. Code §§ 17500 et seq.; 23 b. The Consumers Legal Remedies Act, Cal. Civ. Code §§ 1750 et seq.; and 24 c. The Federal Food, Drug, and Cosmetic Act, 28 U.S.C. §§ 301 et seq., and 25 its implementing regulations, 21 C.F.R. §§ 101 et seq.; and 26 d. The California Sherman Food, Drug, and Cosmetic Law, Cal. Health & 27 Safety Code §§ 109875, et seq. 28 146 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 71 of 77

1 FOURTH CAUSE OF ACTION 2 BREACH OF EXPRESS WARRANTY, CAL. COM. CODE § 2313(1) 3 397. Plaintiffs reallege and incorporate the allegations elsewhere in the Complaint as 4 if set forth in full herein. 5 398. Through the labels of high-sugar Post products bearing health and wellness 6 claims, Post made affirmations of fact or promises, and made descriptions of goods, that 7 formed part of the basis of the bargain, in that plaintiffs and the class purchased the products 8 in reasonable reliance on those statements. Cal. Com. Code § 2313(1). 9 399. These affirmations and descriptions include, for example: 10 a. Great Grains Blueberry Morning 11 • “Less processed nutrition you can see” 12 • “it’s good for you!” 13 • “less processed whole grain cereal” 14 b. Great Grains Cranberry Almond Crunch 15 • “Less processed nutrition you can see” 16 • “it’s good for you!” 17 • “nutritious ingredients in every bite!” 18 • “less processed whole grain cereal” 19 c. Great Grains Banana Nut Crunch 20 • “Less processed nutrition you can see” 21 • “it’s good for you!” 22 • “nutritious ingredients in every bite!” 23 • “less processed whole grain cereal” 24 d. Great Grains Raisins, Dates & Pecans 25 • “Less processed nutrition you can see” 26 • “it’s good for you!” 27 • “nutritious ingredients in every bite!” 28 147 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 72 of 77

1 e. Great Grains Crunchy Pecans 2 • “Less processed nutrition you can see” 3 • “it’s good for you!” 4 • “nutritious ingredients in every bite!” 5 f. Great Grains Blueberry Pomegranate 6 • “Less processed nutrition you can see” 7 • “it’s good for you!” 8 • “nutritious ingredients in every bite!” 9 g. Great Grains Protein Blend: Honey, Oats & Seeds 10 • “HELPS SUPPORT A HEALTHY METABOLISM” 11 • “it’s good for you!” 12 • “nutritious ingredients in every bite!” 13 • “Support a Healthy Metabolism” 14 • “less processed whole grain cereal” 15 h. Great Grains Protein Blend: Cinnamon Hazelnut 16 • “HELPS SUPPORT A HEALTHY METABOLISM” 17 • “nutritious ingredients in every bite!” 18 • “it’s good for you!” 19 • “less processed whole grain cereal” 20 • “Support a Healthy Metabolism” 21 i. Honey Bunches of Oats Cereal – Honey Roasted, With Almonds, Raisin 22 Medley, With Pecan Bunches, With Cinnamon Bunches, With Vanilla 23 Bunches, With Real Strawberries, Fruit Blends – Banana Blueberry, and 24 Fruit Blends – Peach Raspberry 25 • “Heart Healthy” 26 • heart depictions 27 • “wholesome” 28 148 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 73 of 77

1 j. Honey Bunches of Oats Cereal – Tropical Blends – Mango Coconut 2 • “wholesome” 3 k. Honey Bunches of Oats Cereal – Whole Grain Honey Crunch and Whole 4 Grain With Vanilla Bunches 5 • “a smart step toward eating a balanced diet” 6 • “Honey Bunches of Oats Whole Grain Cereal has it all. . . Fiber 7 fills you up, helps keep you satisfied and is important to help 8 maintain digestive health. Rich in nutrients: Honey Bunches of 9 Oats Whole Grain Cereal is rich in nutrients . . . important for 10 moms-to-be and growing children. . . . Whole grains are an 11 important part of a balanced diet, but on average, Americans eat 12 less than 1 serving of whole grains per day.” 13 • “good for your family, good for your health, good for you” 14 • Heart design in “I” in “Whole Grain” name 15 l. Honey Bunches of Oats Cereal – Greek Honey Crunch & Greek Mixed 16 Berry 17 • “WHOLESOME NUTRITION” 18 m. Honey Bunches of Oats Granola – Honey Roasted, Raspberry, and 19 Cinnamon 20 • “wholesome” 21 n. Honey Bunches of Oats Protein Granola with Dark Chocolate 22 • “HELPS FUEL YOUR BODY WITH SUSTAINED ENERGY” 23 o. Shredded Wheat Honey Nut 24 • “An ingredient list that is so good, we have nothing to hide. 25 Wouldn’t it be great if it were easy to understand what is in your 26 food? With Post Shredded Wheat, it’s easy to be confident with 27 your breakfast choice. It is made with nothing but goodness, so go 28 ahead and enjoy a bowl.” 149 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 74 of 77

1 • “We make it easy to understand what is in your food—we start 2 with the goodness of whole grain wheat. No artificial flavors or 3 colors added: Our flavor comes from whole grain wheat, honey, 4 almonds, molasses and real sugar. That means vitamin and mineral 5 fortified Post Shredded Wheat Honey Nut contains no High 6 fructose corn syrup or artificial ingredients.” 7 • “We make it easy to understand what is in your food—it’s just 8 the wholesome goodness of whole grain wheat.” 9 • “No Sugar* [ ] Added: Our flavor comes from 100% whole grain 10 wheat, nothing else. That means Post Shredded Wheat . . . has 0 11 grams of sugars per serving.” 12 • “THE BISCUIT OF BENEFITS / Post Shredded Wheat Honey 13 Nut is made with 100% whole grain wheat, for a natural source of 14 fiber. . . . So what does this mean in terms of health benefits for 15 you? They are so plentiful, the cereal could be renamed Biscuit of 16 Benefits!” 17 • “Heart Health” 18 • “Digestive Health: Diets rich in fiber have many benefits and are 19 important for maintaining digestive health.” 20 p. Shredded Wheat Crunch! 21 • “POST SHREDDED WHEAT CRUNCH MAY HELP REDUCE 22 THE RISK OF HEART DISEASE” 23 • “heart healthy” 24 q. Raisin Bran 25 • “Healthy” 26 • “Nutritious” 27 • “Where nutritious and delicious live in harmony” 28 • “good for digestive health” 150 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 75 of 77

1 r. Bran Flakes 2 • “TO HELP MAINTAIN DIGESTIVE HEALTH” 3 • “YOUR HEALTHY LIFESTYLE” 4 • “nutrients to help keep you healthy” 5 • “TO HELP WITH WEIGHT MANAGEMENT” 6 s. Alpha-Bits 7 • “ALPHA-BITS IS A GOOD SOURCE OF NUTRIENTS THAT 8 ARE BUILDING BLOCKS FOR YOUR CHILD’S 9 DEVELOPING BRAIN” 10 t. Honey-Comb 11 • “Nutritious” 12 400. Post breached its express warranties by selling products that do not meet the 13 above affirmations and product descriptions because they are not healthy, and not heart 14 healthy, but in fact detrimentally affect health, increasing risk of CHD, stroke, and other 15 morbidity. 16 401. That breach actually and proximately caused injury in the form of the lost 17 purchase price that plaintiffs and Class members paid for the high-sugar Post products bearing 18 health and wellness claims. 19 402. Plaintiffs gave Post notice of the breach before filing or asserting the claims, but 20 Post failed to remedy the breach. 21 403. As a result, plaintiffs seek, on behalf of themselves and other class members, 22 actual damages arising as a result of Post’s breaches of express warranty. 23 FIFTH CAUSE OF ACTION 24 BREACH OF IMPLIED WARRANTY OF MERCHANTABILITY, 25 CAL. COM. CODE § 2314 26 404. Plaintiffs reallege and incorporate the allegations elsewhere in the Complaint as 27 if set forth in full herein. 28 151 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 76 of 77

1 405. Post, through its acts and omissions set forth herein, in the sale, marketing and 2 promotion of high-sugar Post products bearing health and wellness claims, made 3 representations to plaintiffs and the Class that, among other things, the products are healthy. 4 This specifically includes those statements set forth in paragraph 399(a)-(t) above. Plaintiffs 5 and the Class bought high-sugar products bearing health and wellness claims manufactured, 6 advertised, and sold by Post as described herein. 7 406. Post is a merchant with respect to the goods of this kind which were sold to 8 plaintiffs and the class, and there was, in the sale to plaintiffs and other consumers, an implied 9 warranty that those goods were merchantable. 10 407. However, Post breached that implied warranty in that Post high-sugar products 11 bearing health and wellness claims are not healthy, as set forth in detail herein. 12 408. As an actual and proximate result of Post’s conduct, plaintiffs and the class did 13 not receive goods as impliedly warranted by Post to be merchantable in that they did not 14 conform to promises and affirmations made on the container or label of the goods. 15 409. Plaintiffs gave Post notice of the breach before filing or asserting the claims, but 16 Post failed to remedy the breach. 17 410. As a result, plaintiffs seek, on behalf of themselves and other class members, 18 actual damages arising as a result of Post’s breaches of implied warranty. 19 PRAYER FOR RELIEF 20 411. Wherefore, plaintiffs, on behalf of themselves, all others similarly situated, and 21 the general public, pray for judgment against Post as to each and every cause of action, and 22 the following remedies: 23 a. An Order certifying this as a class action, appointing plaintiffs and their counsel to represent the class, and requiring Post to pay the cost of class 24 notice; 25 b. An Order enjoining Post from labeling, advertising, or packaging the Post 26 high-sugar cereals identified herein with the challenged health and 27 wellness statements identified herein; 28 c. An Order compelling Post to conduct a corrective advertising campaign 152 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT Case 3:16-cv-04958-WHO Document 92-1 Filed 09/14/17 Page 77 of 77

1 to inform the public that Post high-sugar cereals were deceptively marketed; 2 3 d. An Order enjoining Post’s longstanding policy, practice, and strategy of marketing high-sugar cereals with misleading health and wellness claims; 4 e. An Order requiring Post to pay restitution to restore funds that may have 5 been acquired by means of any act or practice declared by this Court to be 6 an unlawful, unfair, or fraudulent business act or practice, untrue or misleading advertising, or a violation of the UCL, FAL, or CLRA; 7 8 f. An Order requiring Post to pay all statutory, compensatory, and punitive damages permitted under the causes of action alleged herein; 9 g. An Order requiring Post to disgorge or return all monies, revenues, and 10 profits obtained by means of any wrongful or unlawful act or practice; 11 h. Pre- and post-judgment interest; 12 i. Costs, expenses, and reasonable attorneys’ fees; and 13 14 j. Any other and further relief the Court deems necessary, just, or proper. 15 JURY DEMAND 16 412. Plaintiffs hereby demand a trial by jury on all issues so triable. 17 18 Dated: September 14, 2017 /s/ Jack Fitzgerald 19 THE LAW OFFICE OF JACK FITZGERALD, PC JACK FITZGERALD 20 [email protected] 21 TREVOR M. FLYNN [email protected] 22 MELANIE PERSINGER 23 [email protected] Hillcrest Professional Building 24 3636 4th Ave., Ste. 202 25 San Diego, CA 92103 Phone: (619) 692-3840 26 Fax: (619) 362-9555 27 Counsel for Plaintiffs and the Putative Class 28 153 Krommenhock et al. v. Post Foods LLC, Case No. 3:16-cv-04958-WHO (JSC) SECOND AMENDED CLASS ACTION COMPLAINT