Fraud is far too strong a term to use here. (And tossing serious legal accusations around lightly, apparently without understanding what is being written, is too serious to pass by without comment.)

Fraud requires intent. One definition of fraud is "a purposeful unlawful act to decieive or manipulate in order to damage others." You can look up others in your own law books.

I don't think anyone has seriously suggested that Kellogg's or its agents did this on purpose.

They goofed up. I will leave it to others to decide if their goof exposes them to legal liability. Fraud, however, ain't in it.