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Unfrosted “Strawberry” Pop Tarts Strawberry Content Illinois Class Action

At issue in this class action are Unfrosted Strawberry Pop Tarts made by the Kellogg Sales Company. The complaint for this class action alleges that Kellogg’s “branding and packaging of the product is designed to—and does—deceive, mislead, and defraud … consumers.”

The class for this action is all those who live in Illinois and who bought the Product during the applicable statutes of limitations.

The complaint alleges that Kellogg sells “toaster pastries purporting to contain filling from only strawberries. The first page of the complaint shows the Pop Tarts package, with the word “Strawberry,” an image of a half a strawberry, and two toaster pastries with dark-red filling. These things, the complaint claims, “are misleading because they give consumers the impression the fruit filling contains only strawberries and/or more strawberries than it does.”

The complaint cites a number of sources claiming consumers who are snacking more are looking for healthier foods. It quotes a Mondelez Global study as saying that “as snacking increases, so too does the focus on healthy products and ingredients.”

The complaint quotes WebMD as saying that strawberries “protect your heart, increase HDL (good) cholesterol, lower your blood pressure, and guard against cancer.” The complaint mentions other characteristics of strawberries:

  • They are an excellent source of vitamin C, with one serving containing more vitamin C than an orange.
  • They have high levels of antioxidants called polyphenols, which the complaint says “prevent or reverse cell damage caused by aging and the environment…”

Strawberries cost more than other common fruits, like apples and pears. “However,” the complaint alleges, “the Product contains [fewer] strawberries than consumers expect, as the ingredient list reveals the ‘strawberry’ filling contains pears and apples.”

The complaint reproduces the ingredient panel, which says in part, “Contains 2% or less of … dried strawberries, dried pears, dried apples…” It also shows the dye “Red 40.”

The complaint alleges, “The Product’s name, ‘Strawberry Pop Tarts,’ is misleading because it includes strawberries but does not include pears and apples, even though these fruits are in the small print on the ingredient list.”

The Red 40, it says, is “a synthetic food coloring made from petroleum” that “makes the strawberry-pear-apple combination look bright red,” which “furthers consumers’ impression that the Product contains more strawberries than it does.”

Quoting an unspecified source, the complaint alleges that although Red 40 “has been approved by the [Food and Drug Administration] for use in food products and must be listed as an ingredient on labels, it has been banned at one time or another throughout Australia and most of Europe due to health concerns” and “is connected with learning disorders and hyperactivity in children.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Unfrosted “Strawberry” Pop Tarts Strawberry Content Illinois Complaint

July 1, 2021

At issue in this class action are Unfrosted Strawberry Pop Tarts made by the Kellogg Sales Company. The complaint for this class action alleges that Kellogg’s “branding and packaging of the product is designed to—and does—deceive, mislead, and defraud … consumers.”

Unfrosted “Strawberry” Pop Tarts Strawberry Content Illinois Complaint

Case Event History

Unfrosted “Strawberry” Pop Tarts Strawberry Content Illinois Complaint

July 1, 2021

At issue in this class action are Unfrosted Strawberry Pop Tarts made by the Kellogg Sales Company. The complaint for this class action alleges that Kellogg’s “branding and packaging of the product is designed to—and does—deceive, mislead, and defraud … consumers.”

Unfrosted “Strawberry” Pop Tarts Strawberry Content Illinois Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels