A federal judge has dismissed a proposed class action lawsuit alleging that Kellogg Company’s Strawberry Pop-Tarts did not contain enough strawberries.
U.S. District Judge Marvin Aspen c Chicago said no sensible consumer could believe from Kellogg’s packaging that the main breakfast contained only strawberries or more strawberries than other ingredients such as pears and apples.
“The word ‘strawberry’, combined with a picture of half a strawberry and Pop-Tart leaking red filling, does not guarantee that there will be a certain amount of strawberries in the product’s filling,” Aspen wrote in a statement Tuesday.
The judge added: “No reasonable consumer would be able to conclude that the filling contains a certain amount of strawberries based on the images on the packaging and the use of the term ‘strawberry’.
Federal judge rejects proposed class action lawsuit alleging Kellogg Company’s Strawberry Pop-Tarts does not contain enough strawberries
The complaint alleges that the “Strawberry” label is misleading, as the treats contain other fruits, probably in higher proportions.
Stacey Chiapeta, the plaintiff, said Kellogg had deceived shoppers with deceptive packaging for its unfrozen strawberry tartlets, which contained red food coloring, which she said made the filling “brighter and more attractive” on grocery store shelves.
The lawsuit states that Pop-Tarts contain less than 2 percent dried strawberries, in addition to dried apples and pears.
The complaint alleges that the “Strawberry” label is misleading, as the treats contain other fruits, probably in higher proportions.
Chiapeta accused the Battle Creek, Michigan-based company of violating federal and state consumer protection laws.
But Judge Aspen ruled that “Chiapeta did not find any ‘untruths on the packaging’ or plausible fraud.”
“The front of the product packaging does not state or suggest anything about the amount of strawberries in the product filling, nor does it guarantee that the filling contains only strawberries, and Chiappetta acknowledges that the filling contains few strawberries,” the judge said.
The lawsuit states that Pop-Tarts contain less than 2 percent dried strawberries, in addition to dried apples and pears
The suit compares the prices of different fruits over time, noting that strawberries are more expensive
“Accordingly, the interpretation of the Chiappetta label is unreasonable and unacceptable,” the judge wrote in the ruling.
“I expect many of these types of cases to be dismissed,” Chiappetta lawyer Spencer Sheehan said in an email Wednesday. “That doesn’t mean labeling isn’t misleading.”
Sheehan, who works in Great Neck, New York, has filed at least three similar lawsuits against Kellogg in Illinois and New York for his pop cakes with frozen strawberries, whole-grain frozen strawberries and frozen chocolate fudge.
He said different courts could reach conflicting conclusions based on “almost identical” facts.
Kellogg and his lawyers did not respond immediately to requests for comment on Wednesday.
Pop cakes are visible in the image. First introduced in 1964, toaster cakes are extremely popular, but a new case claims they don’t contain enough strawberries.
False labeling lawsuits are common.
The law firm Perkins Coie, which defends companies against such lawsuits, said that in 2021, 325 proposed class action lawsuits were filed against the food and beverage industry, compared to 221 a year earlier, the fourth consecutive annual increase.
Pop-Tarts were first introduced in 1964, months after a competitor to the Kellogg Post introduced its competing toaster, known as “Country Squares”.
First promoted in commercials featuring an animated toaster called Milton, Pop-Tops skyrocketed in popularity and quickly dominated the market.
Currently, Pop-Tarts are produced in dozens of flavors, as well as various seasonal and “limited” flavors.