Earlier this year, in Dennis v. Kellogg Co., 687 F.3d 1149 (9th Cir. 2012), the Ninth Circuit rejected a settlement that provided for a cy pres distribution and an award of attorneys’ fees.  On petition for rehearing, the court withdrew its prior opinion, and again rejected the settlement.  Dennis v. Kellogg Co., 697 F.3d 858 (9th Cir. 2012) (No. 11-55674).  The court repeated its prior criticism of the cy pres award, and concluded the proposed charitable distribution was not sufficiently tied to the wrong alleged on behalf of the class.  The lawsuit alleged false advertisements of foods.  A cy pres award whereby food was to be donated to charity did not address the wrong alleged in the complaint.  The court modified its opinion to remove its separate criticism of the district court’s award of attorneys’ fees.