Kellogg’s customer files $5 million lawsuit alleging Pop-Tarts don’t have enough strawberries
A category motion lawsuit, filed by Illinois resident Anita Harris in August, alleges the model’s advertising and marketing is “deceptive as a result of they offer individuals the impression the fruit filling accommodates a larger relative and absolute quantity of strawberries than it does.” The lawsuit additionally focuses on the well being advantages that come from strawberries, citing a WebMD description stating that strawberries “defend your coronary heart, enhance HDL (good) ldl cholesterol, decrease your blood strain and guard in opposition to most cancers.”
The lawsuit seeks no less than $5 million. Harris additionally alleges the product’s title, “Frosted Strawberry Toaster Pastries,” is “false, deceptive, and misleading” as a result of the Pop-Tart filling accommodates a “comparatively vital quantity of non-strawberry fruit components” together with pears and apples. The plantiff stated she needed greater than a “strawberry style,” which she however “didn’t obtain, as a result of comparatively larger quantity of pears and apples,” in line with the lawsuit.
The lawsuit signifies that Kellogg’s “solely promotes the product’s strawberry content material in its labeling and advertising and marketing, equivalent to on its web site.”
Kellogg didn’t reply to CNN Enterprise’ request for remark.
In accordance with the product’s components listing, Pop-Tarts comprise “2% or much less of wheat starch, salt, dried strawberries, dried pears and dried apples” and a pair of% or much less of different components together with citric acid, gelatin, modified wheat starch, yellow corn flour, caramel shade palm oil, xanthan gum, cornstarch, turmeric extract shade, soy lecithin, purple 40, yellow 6, blue 1 and added shade.
It is foolish, positive. However does Harris have a authorized argument? Maybe, stated Edgar Dworsky, shopper lawyer and founder and editor of Client World.
“Meals product labeling instances are sizzling now,” Dworsky stated. “Varied lawsuits not too long ago have claimed that there isn’t any actual tuna in Subway tuna fish, that Honey Bunches of Oats is nearly devoid of honey, and that Morning Star Farms Veggie Scorching Canine have nearly no greens. How they in the end prove is a toss of a coin.”
The plaintiff cited the Illinois Client Fraud and Misleading Enterprise Practices Act, stating that Kellogg’s “false and misleading representations and omissions” are more likely to affect shopper buying choices. “Customers seeing defendant’s Product, which solely promotes strawberries, and the extra ‘restrained’ or truthful labeling of opponents, will buy defendant’s Product,” the lawsuit states.
“Some judges discover that sellers have misrepresented their merchandise, whereas others say if the patron took the time to learn the components assertion, they’d know precisely what they had been shopping for,” Dworsky stated. “I haven’t got a fantastic sense that the Pop Tarts case will succeed, nonetheless.”
