A federal judge in Manhattan has dismissed a proposed class action lawsuit accusing Kellogg of using misleading labels to exaggerate the amount of strawberries in its Frosted Strawberry Pop-Tarts.
In a Thursday night decision, U.S. District Judge Andrew Carter said reasonable shoppers would not expect strawberries to be the key ingredient in a “pre-packaged, processed sugary treat called Frosted Strawberry Pop-Tarts.”
The judge said Kellogg’s labeling describes the flavor of pop-tarts rather than the source of that flavor, and buyers like plaintiff Kelvin Brown of Bronx, NY, could review the ingredient list to eliminate confusion.
Carter also dismissed the idea that pop-tart buyers were missing out on the health benefits of strawberries.
“It is unlikely that a reasonable consumer would buy a glazed toaster solely for the nutritional value of strawberries in its fruit filling,” he wrote.
A lawyer for Brown had no immediate comment Friday. Kellogg and his attorneys did not immediately respond to requests for comment.
Mislabelling lawsuits are common, and many are unsuccessful. Moment Editorial/Getty Images
Last month, a federal judge in Chicago dismissed a similar lawsuit alleging unfrozen strawberry pop-tarts, saying Kellogg didn’t guarantee how many strawberries it would use.
The Battle Creek, Michigan-based company is also being sued for its Whole Grain Frosted Strawberry and Frosted Chocolate Fudge Pop-Tarts.
Mislabelling lawsuits are common, and many are unsuccessful.
On Wednesday, US District Judge Jed Rakoff in Manhattan dismissed a lawsuit accusing Mondelez International of deceiving buyers of “Stoned Wheat Thins” that the snack cracker contained stone-ground whole wheat flour.
The case is Brown v. Kellogg Sales Co, U.S. District Court, Southern District of New York, No. 20-07283.