A woman sued Quaker Oats because the box of cereal she bought, Cap’n Crunch with Crunchberries, was not actually made from the fruit of crunchberries.

According to the complaint, Sugawara and other consumers were misled not only by the use of the word “berries” in the name, but also by the front of the box, which features the product’s namesake, Cap’n Crunch, aggressively “thrusting a spoonful of ‘Crunchberries’ at the prospective buyer.” Plaintiff claimed that this message was reinforced by other marketing representing the product as a “combination of Crunch biscuits and colorful red, purple, teal and green berries.” Yet in actuality, the product contained “no berries of any kind.”

Surprisingly the judge dismissed her case, allowing the Cap’n to continue his fraudulent scheme of duping consumers into buying his non-fruit-containing cereals.