Pop-Tarts $5M lawsuit: Kellogg’s sued for ‘false advertising’ of strawberry amounts in Strawberry Pop-Tarts

Kellogg’s is facing a class-action lawsuit from an Illinois women who is accusing the company of misleading consumers about the content of its Frosted Strawberry Pop-Tarts.

Plaintiff Anita Harris is asking the popular breakfast brand, known also for Frosted Flakes and Froot Loops, to use more accurate labeling on their products, claiming that the aggregate amount from the “false advertising” exceeds $5 million.

“The representations are misleading because they give consumers the impression the fruit filling contains a greater relative and absolute amount of strawberries than it does,” the lawsuit read.

Harris claims she bought the Pop-Tarts because she expected it would have more of the named fruit ingredient and that should wouldn’t have purchased the product if she knew the representations were “false and misleading.

The lawsuit pulled from a Pop-Tarts advertisement which said the company celebrated the “timeless yet yummy” flavor of strawberries and highlighted a recipe for strawberry shortcake from the company’s website. According to the lawsuit, these efforts make strawberries the “characterizing ingredient” despite the fact that the ingredient list on the box lists dried strawberries under the “contains 2-percent or less” section, alongside other fruits like dried pears and dried apples.

The lawsuit also claims the use of Red 40, a synthetic food dye, makes the Pop-Tarts’ filing “look bright red, like it is only strawberries or has more strawberries than it does.” Other similar products from Walmart’s Great Value brand and Dollar Tree’s Clover Valley include a disclaimer that the breakfast pastries are “Naturally & Artificially Flavored,” according to the lawsuit, and are therefore more honest with customers.

“Strawberries are the Product’s characterizing ingredient, since their amount has a material bearing on price or consumer acceptance, and consumer believe they are present in an amount greater than is the case,” the lawsuit claims. “The Product’s common or usual name of ‘Frosted Strawberry – Toaster Pastries,’ is false, misleading, and deceptive because its filling contains a relatively significant amount of non-strawberry fruit ingredients – pears and apples – shown on the ingredient list.”
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