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Whole Grain Frosted Strawberry Pop-Tarts Too Little Strawberry Class Action

Kellogg Sales Company makes Pop-Tarts Whole Grain Frosted Strawberry Toaster Pastries. But the complaint for this class action alleges that the packaging and advertising of the product are misleading, because it contains fewer strawberries than it leads consumers to believe.

Two classes have been defined for this action:

  • The New York Class is all persons in New York who bought the product during the applicable statutes of limitations.
  • The Consumer Fraud Multi-State Class is all persons in Kansas, Wyoming, and Delaware who bought the product during the applicable statutes of limitations.

The complaint claims, “Many consumers seek snacks which are a ‘healthy indulgence,’” ones that have “ingredients known to confer positive health benefits.” Strawberries are believed to be a healthy food; the complaint quotes WebMD as saying they can “protect your heart, increase HDL (good) cholesterol, lower your blood pressure, and guard against cancer.”

The complaint alleges that “strawberries have one of the highest levels of nutrient[ ]density of all fruits, and more nutrients than pears and apples, among other fruits.” For example, a single serving of strawberries has more vitamin C than an orange. Strawberries, the complaint claims, have high levels of antioxidants known as polyphenols, which “prevent or reverse cell damage caused by aging and the environment, which is linked to greater risk of chronic diseases.”

Strawberries are also a more expensive fruit. While pears sell for around $1.552 per pound, the complaint says, strawberries go for $2.318 per pound.”

The first page of the complaint shows the box for the Pop-Tarts, showing two pop-tarts with bright-red fillings, the words “Frosted Strawberry,” and an image of a whole strawberry.

Federal regulations require that a product’s front label carry a common or usual name that describes, “in as simple and direct terms as possible, the basic nature of the food or its characterizing properties or ingredients.” In this case, the common or usual name is “Whole Grain Strawberry Frosted Toaster Pastries.” However, the complaint alleges that this name is “false, deceptive, and misleading, because it contains mostly non-strawberry fruit ingredients.”

The complaint reproduces the ingredient label, which lists, in order, “dried pears, dried apples, dried strawberries” along with “vegetable juice for color” and “paprika extract color.” This indicates, the complaint alleges, that the product contains more apples than strawberries and more pears than either, as well as sources of coloring to make the filling look redder.

Although strawberries are the characterizing ingredient of the pastries, the complaint claims, “The amount of strawberry ingredients is insufficient not merely to provide the nutrient benefits of strawberries but to provide a strawberry taste.” The added color, it alleges, also contributes to the deception.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Whole Grain Frosted Strawberry Pop-Tarts Too Little Strawberry Complaint

October 19, 2021

Kellogg Sales Company makes Pop-Tarts Whole Grain Frosted Strawberry Toaster Pastries. But the complaint for this class action alleges that the packaging and advertising of the product are misleading, because it contains fewer strawberries than it leads consumers to believe.

Whole Grain Frosted Strawberry Pop-Tarts Too Little Strawberry Complaint

Case Event History

Whole Grain Frosted Strawberry Pop-Tarts Too Little Strawberry Complaint

October 19, 2021

Kellogg Sales Company makes Pop-Tarts Whole Grain Frosted Strawberry Toaster Pastries. But the complaint for this class action alleges that the packaging and advertising of the product are misleading, because it contains fewer strawberries than it leads consumers to believe.

Whole Grain Frosted Strawberry Pop-Tarts Too Little Strawberry Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels