A new class-action lawsuit filed in federal court accuses Post Consumer Brands of misleading consumers about the size and nutrition content of its Fruity Pebbles cereal, according to court records filed Wednesday in the Southern District of New York.
The lawsuit was first noted by Court Watch.
The complaint, brought by Valley Cottage, New York, resident Erin Sweeney, claims the company’s “Family Size” Fruity Pebbles box does not contain the number of servings advertised and understates the calories, sugar and sodium listed on its packaging.
Sweeney alleges Post’s labeling misleads shoppers who rely on serving information to compare cereal brands and determine value.
According to the filing, Post prominently advertises the 19.5-ounce Fruity Pebbles box as a “Family Size” product containing about 15 servings, each measured as one cup weighing 36 grams.
Laboratory testing commissioned by the plaintiff’s attorneys in 2022 and again in 2025 found that the box instead contained between 11.3 and 12.2 servings — up to 18.74% fewer servings than listed.
The tests also showed that a one-cup serving weighed between 27% and 36% more than the package stated, resulting in higher calories, sodium and sugar than the Nutrition Facts panel represented.
The lawsuit says a heavier serving means consumers receive more calories, sodium and sugar than expected.
Testing cited in the complaint found that a serving contained at least 179 calories instead of 140, 243 milligrams of sodium instead of 190, and 15 grams of total sugars instead of 12.
Sweeney claims she purchased the cereal at retail stores in New York after relying on the serving-size information and the “Family Size” label.
She argues that the allegedly inaccurate labels caused shoppers to believe they were getting more cereal than what was actually in the box, leading them to pay a “price premium.”
The complaint argues Post was aware consumers use serving counts and nutrition labels to compare cereals and set competitive pricing.
By understating serving weight and overstating total servings, the lawsuit alleges, consumers were denied the “benefit of the bargain.”
Post, which manufactures Fruity Pebbles through its Lakeville, Minn.–based Post Consumer Brands business, has not yet filed a response to the lawsuit.
Sweeney seeks damages, injunctive relief requiring labeling changes, disgorgement of profits and a jury trial.
The suit alleges violations of New York’s consumer-protection laws, breach of express warranty, violations of the federal Magnuson-Moss Warranty Act, and unjust enrichment.
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