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.