The Santa Ana-based California Court of Appeal today affirmed an Orange County judge's decision to throw out a case against General Mills by a consumer upset about the company's marketing ploy for its candy, or what is nowadays called “fruit snacks.”
A three-justice panel headed by Acting Presiding Justice William W. Bedsworth ruled that Tom McVeigh had no case against the company after complaining that he didn't win a sweepstakes contest that he says caused him to buy Fruit Gushers. When he opened the candy box the disappointed man found the product and a note that said, “Try again.”
McVeigh had claimed the “YOU CAN WIN CASH!” advertisement was a violation of California's unfair competition laws. He wanted the company to refund his money for the candy and suffer an injunction.
But the appellate panel agreed with Superior Court Judge Charles Margines, who toss the case last year. Both said McVeigh hadn't suffered any damages and declared that the company's Betty Crocker marketing ploy wasn't illegal.
“McVeigh alleges he bought Fruit Gushers because the box label promised a chance to win cash,” Bedsworth wrote. “He received that chance.”
–R. Scott Moxley / OC Weekly