With respect to the case at hand, the court noted that "the current distribution of settlement funds arguably overcompensates class counsel at the expense of the class." This decision follows the Ninth Circuit's decision in Dennis v. Kellogg Company, 697 F.3d 858 (9th Cir. 2012) (previously discussed on this blog here and here ), in which the Ninth Circuit vacated a $10.6 million settlement providing for a cy pres donation of $5.5 million worth of products to charities that feed the indigent (the settlement established a $2.75 million fund to distribute to class members who could each receive $5 per box of cereal purchased, up to $15). The Ninth Circuit found that the cy pres distribution had an insufficient connection to the suit's class members and claims, which involved allegations that Kellogg falsely advertised that its Frosted Mini-Wheats cereal improved attentiveness in children. Accordingly, the Ninth Circuit reversed the district court's order approving the settlement.