Kellogg beats claims it falsely advertised ‘veggie’ Morningstar meatless products

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Update:

• An amended class action lawsuit accusing Kellogg of misleading consumers by using the term “veggie” in certain of its Morningstar Farms brand meatless products has been dismissed by a federal judge. 
• The judge ruled that Kellogg’s use of the term “veggie”—which he determined was used ambiguously—on the meatless products was neither false, misleading, or constituted as misbranding. 
• The consumer behind the class action lawsuit alleged that Kellogg misled consumers into believing the meatless products were mainly or entirely made with vegetable ingredients. 
• Kellogg, meanwhile, argued that it had not represented anywhere on the labeling for the meatless products that they were made mainly from vegetable ingredients.
• The judge had previously tossed the consumer’s original complaint against Kellogg in January. 

Morningstar Farms Veggie Class Action Lawsuit Overview: 

• Who: Angela Kennard filed a class action lawsuit against Kellogg Sales Company.
• Why: Plaintiff alleges Kellogg’s misleads consumers about the amount of vegetables in its Morningstar Farms brand veggie products.
• Where: The class action lawsuit was filed in California federal court.

(Sept. 21, 2021)

Kellogg’s Morningstar Farms brand veggie products are made primarily from grain or oil — not vegetables, a new class action lawsuit alleges. 

Plaintiff Angela Kennard claims Kellogg’s is falsely advertising the Morningstar Farms veggie products so it can take advantage of consumers’ growing desire to have a more plant-based diet. 

“Over the last decade, as many consumers have reduced or ceased their meat consumption, food manufacturers have introduced a variety of plant-based, meat-alternative products to the market,” the class action lawsuit states. 

Kennard wants to represent a California Class of consumers who purchased any Morningstar Farms veggie product over the past four years — for personal or household use — that claims across its front packaging that it is “veggie,” or vegetable based.

The offending products fall under the category of Morningstar Farms Veggie Burgers, Veggie Dogs, Veggie Chik’n, Veggie Meal Starters, Veggie Breakfast, and Veggitizers, according to the lawsuit. 

The first three ingredients in Morningstar Farms Veggie Dogs are water, wheat gluten, and corn syrup solids, according to the class action lawsuit. 

“Because the predominant ingredient in each of the Veggie Products is grain or oil, Kellogg’s representation that the Veggie Products are ‘VEGGIE’ is false or at least highly misleading to the reasonable consumer,” the class action lawsuit states. 

Kennard claims the veggie products are sold at a premium cost because of their labeling and that she and other Class Members would not have been willing to pay as much for them if they knew the actual amount of vegetables they contained. 

Kellogg Increased its Market Share by Falsely Labeling Morningstar Farms Products as ‘Veggie,’ Class Action Alleges

Further, by falsely advertising the products as veggie, Kellogg’s was able to increase its market share and marketplace demand for the items, the class action lawsuit alleges. 

“Plaintiff and other Class members lost money as a result of Kellogg’s deceptive claims and practices in that they did not receive what they paid for when purchasing the Veggie Products,” states the class action lawsuit. 

Kennard alleges Kellogg’s is in violation of California’s Consumers Legal Remedies Act, False Advertising Law, Unfair Competition Law, and is in breach of the states’ express warranty and implied warranty of merchantability. 

Plaintiff is requesting relief in the form of restitution along with all actual, statutory, compensatory, and punitive damages for herself and all Class Members. 

Kellogg’s agreed to a $13 million class action settlement this month with consumers who alleged the company mislabeled certain cereals as healthy when they actually contained excessive amounts of sugar. 

Have you purchased any Kellogg’s Morningstar Farms brand veggie products with the belief vegetables were the primary ingredient? Let us know in the comments! 

The plaintiff is represented by Paul K. Joseph, Jack Fitzgerald, Melanie Persinger, and Trevor M. Flynn of Fitzgerald Joseph LLP, and Sidney W. Jackson, III and Christian Harben of Jackson & Foster LLC. 

The Morningstar Farms Veggie Class Action Lawsuit is Kennard v. Kellogg Sales Company, Case No. 3:21-cv-07211, in the U.S. District Court for the Northern District of California.

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