Kellogg Frosted Strawberry Pop-Tarts Contain Other Fruit New York Class Action

Frosted Pop-Tarts toaster pastries are made by the Kellogg Sales Company. At issue in this case are the Frosted Strawberry variety, which the complaint for this class action claims are misleadingly labeled, “because the label gives consumers the impression the fruit filling only contains strawberries as its fruit ingredient.”

The class for this action is all those who live in New York and bought the product during the applicable statute of limitations.

On the second page of the complaint is an image of a “family pack” of the product. Directly under the name “Pop-Tarts” are the words “Frosted Strawberry,” on a red banner with an image of a half of a strawberry. Below that is an image of one or two of the items (depending on the size of the package), broken open with their red filling showing.

A few lines below the image is a reproduction of the product’s ingredient panel. All the fruit ingredients come after the words “Contains 2% or less of…” The fruit ingredients are, in order, dried strawberries, dried pears, and dried apples. Near the bottom of the panel is another ingredient identified as “red 40.”

The complaint claims, “Consumers do not expect a food labeled with the unqualified term ‘Strawberry’ to contain fruit filling ingredients other than strawberry, and certainly do not expect pears and apples, as indicated on the back of the box ingredient list.”

This, the complaint alleges, makes the name “Frosted Strawberry” “misleading[.]” How? The complaint quotes food regulations, adding inserts pertinent to the product in brackets: because it “includes or suggests the name of one [strawberries] or more but not all [pears and apples] such ingredients, even though the names of all such ingredients are stated elsewhere in the labeling.”

It adds the following quotation from the regulations: “The common or usual name of a food shall include the percentage(s) of any characterizing ingredient(s) … when the proportion of such ingredient(s) … in the food has a material bearing on price or consumer acceptance or when the labeling or the appearance of the food may otherwise create an erroneous impression that such ingredient(s) … is present in an amount greater than is actually the case.”

According to the complaint, strawberries are the “characterizing ingredient” “because their proportion has a material bearing on price and consumer acceptance.” Also, “the labeling creates an erroneous impression that strawberries are present in an amount greater than is actually the case.” The red 40, which is a food coloring, “increases the redness of the filling, as seen on the front label.”

Thus, the complaint says, “[Kellogg’s] branding of the Product is designed to—and does—deceive, mislead, and defraud … consumers.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Kellogg Frosted Strawberry Pop-Tarts Contain Other Fruit New York Complaint

September 5, 2020

Frosted Pop-Tarts toaster pastries are made by the Kellogg Sales Company. At issue in this case are the Frosted Strawberry variety, which the complaint for this class action claims are misleadingly labeled, “because the label gives consumers the impression the fruit filling only contains strawberries as its fruit ingredient.”

Kellogg Frosted Strawberry Pop-Tarts Contain Other Fruit New York Complaint

Case Event History

Kellogg Frosted Strawberry Pop-Tarts Contain Other Fruit New York Complaint

September 5, 2020

Frosted Pop-Tarts toaster pastries are made by the Kellogg Sales Company. At issue in this case are the Frosted Strawberry variety, which the complaint for this class action claims are misleadingly labeled, “because the label gives consumers the impression the fruit filling only contains strawberries as its fruit ingredient.”

Kellogg Frosted Strawberry Pop-Tarts Contain Other Fruit New York Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels