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Trader Joe’s Organic “Strawberry” Frosted Toaster Pastries Class Action

When a pastry is labeled as “strawberry,” does that mean it contains only strawberries, mostly strawberries, or only a few strawberries plus a lot of less-valuable fruit of other kinds? The complaint for this class action alleges that Trader Joe’s Company suggests its organic strawberry frosted toaster pastries are filled with strawberries, when in reality they contain more apple than strawberry.

Two classes have been proposed for this action:

  • The Illinois Class is all persons in Illinois who bought the product during the applicable statutes of limitations.
  • The Consumer Fraud Multi-State Class is all persons in North Dakota, Kansas, Michigan, West Virginia, Wyoming, Texas, and Delaware who bought the product during the applicable statutes of limitations.

Strawberries are highly-valued as a fruit. While apples are only around $1.20 to $1.50 per pound, strawberries tend to be between $2 and $4 per pound.

The complaint quotes WebMD to say that strawberries can “protect your heart, increase HDL (good) cholesterol, lower your blood pressure, and guard against cancer.” The complaint itself adds, “These benefits are because strawberries have one of the highest levels of nutrient-density of all fruits.”

A serving of strawberries, the complaint alleges, contains more vitamin C than an orange. Strawberries have high levels of certain antioxidants known as polyphenols, which can prevent or even reverse cell damage that comes from aging or the environment.

These benefits are provided by whole strawberries; they are not provided by strawberry flavor, which affects only taste and does not provide the nutritional value of strawberries.

The Trader Joe’s toaster pastries have a picture of two toaster pastries and two strawberries on their front label, along with the word “Strawberry.” Two other strawberries are depicted on the side panel, which shows a rustic fence bearing a message about the toaster pastries which says, in part, “Trader Joe’s Organic Frosted Toaster Pastries are made with organic ingredients like organic whole wheat flour, organic evaporated cane sugar, and organic fruits purees. They’re made without artificial flavors, preservatives or synthetic colors.”

These things, the complaint claims, are meant to further “the impression that the Product’s filling is only or mostly strawberries, and that the non-filling ingredients are of the highest quality.” It adds, “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 complaint reproduces the ingredient panel on page 6. The sixth ingredient is Apple Puree Concentrate; the eighth is Strawberry Puree Concentrate. Finally, in fourteenth place is Strawberry Flavor. The complaint claims that “it is evident that the amount of apple ingredients … exceeds the amount of strawberry ingredients…”

The complaint alleges, “The amount of strawberry ingredients is insufficient not merely to provide the nutrient benefits of strawberries but to provide a strawberry taste.”

Given this, the complaint alleges, “The Product’s name is misleading because it fails to include the statement, ‘Natural Strawberry Flavored’ in proximity to ‘Organic Frosted Toaster Pastries.’”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Trader Joe’s Organic “Strawberry” Frosted Toaster Pastries Complaint

October 16, 2021

When a pastry is labeled as “strawberry,” does that mean it contains only strawberries, mostly strawberries, or only a few strawberries plus a lot of less-valuable fruit of other kinds? The complaint for this class action alleges that Trader Joe’s Company suggests its organic strawberry frosted toaster pastries are filled with strawberries, when in reality they contain more apple than strawberry.

Trader Joe’s Organic “Strawberry” Frosted Toaster Pastries Complaint

Case Event History

Trader Joe’s Organic “Strawberry” Frosted Toaster Pastries Complaint

October 16, 2021

When a pastry is labeled as “strawberry,” does that mean it contains only strawberries, mostly strawberries, or only a few strawberries plus a lot of less-valuable fruit of other kinds? The complaint for this class action alleges that Trader Joe’s Company suggests its organic strawberry frosted toaster pastries are filled with strawberries, when in reality they contain more apple than strawberry.

Trader Joe’s Organic “Strawberry” Frosted Toaster Pastries Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels