SweeTARTS Label Change Class Settlement Upheld by Ninth Circuit

A class settlement calling for SweeTARTS maker Ferrara Candy Co. to stop saying the iconic candy has no artificial flavorings, but including no monetary relief, nonetheless provides value for class members, the Ninth Circuit said Tuesday in an unpublished opinion.

The U.S. Court of of Appeals for the Ninth Circuit upheld the deal, rejecting arguments from objector James Copland that the injunctive relief had no value, and the $272,000 attorneys’ fee award was disproportionate to class members’ recovery.

Plaintiffs alleged the label was deceptive because the candy contained synthetic malic acid, a flavoring agent used to impart tartness.

The district ...