Kashi class action over strawberry breakfast bars trimmed but not dismissed

Update:

• A federal judge in Illinois gave the OK to some claims revolving around allegations that Kashi misrepresented the ingredients in its “Ripe Strawberry” Soft Baked Breakfast Bars.
• The judge trimmed several claims from the class action lawsuit, including breach of warranty, negligent misrepresentation and common law fraud, while allowing unjust enrichment and consumer fraud claims to remain.
• The judge also dismissed claims that Kashi violated the Magnuson-Moss Warranty Act.
• Kashi has been accused of misrepresenting the amount of strawberries the strawberry breakfast bars contain by having pictures of strawberries on the product’s box and showing the cereal bars’ red filling. 
• The consumer behind the class action lawsuit argues that strawberry puree is only the fifth ingredient in the product, behind pear juice concentrate, tapioca syrup, cane sugar and apple powder.

(May 3, 2021)

Organic and healthy snack retailer Kashi is shorting customers on strawberries in its Ripe Strawberry Soft Baked Breakfast Bars, a new class action lawsuit claims.

The class action lawsuit was filed in Illinois on May 2 by lead Plaintiff Sheila Johnston, who alleges the company misled customers into buying the so-called healthy snack through false and deceptive representations about how much strawberry and honey the bars contained.

Johnston bought the bars a number of times to serve as a healthy snack with nutritive value, the claim states.

The front label says that the bars, pictured with a red filling, have ripe strawberry, wildflower honey, and whole grains, and the back states that the bars were made with a love for simple ingredients including strawberries.

“Defendant misrepresented the Product through statements, omissions, ambiguities, half-truths and/or actions,” the class action lawsuit states, adding that in reality the bars filling was mostly made from pears and apples.

According to the claim, the bars’ strawberry filling contains: “pear juice concentrate, tapioca syrup, cane sugar, apple powder, strawberry puree concentrate, cornstarch, glycerin, natural flavors, elderberry juice concentrate for color.”

Johnston says that the bars lack an authentic and expected strawberry taste because there are more pear and apple ingredients than strawberries. She adds that the company also overstated the amount of honey in the bars, as the ingredients show there is more sugar than honey, “which is misleading.”

Kashi has profited off consumers eating less and snacking more, according to the class action lawsuit, coupled with the tendencies of consumers to look for snacks that are a “healthy indulgence” with ingredients that have positive health benefits.

“The Product contains several of these ingredients – wildflower honey, whole grains and strawberries,” the claims states, adding that research shows strawberries “protect your heart, increase HDL (good) cholesterol, lower your blood pressure, and guard against cancer.”

The class action lawsuit adds that it would not be expensive for Kashi to increase the amount of strawberries in each bar, given their availability and pricing.

Johnston wants to represent anyone in Illinois who bought Kashi’s Ripe Strawberry Soft Baked Breakfast Bars. She is suing for violations of business laws, breach of warranty, negligent misrepresentation, fraud, and unjust enrichment, and is seeking certification of the Class, injunctive relief, damages, legal fees, and a jury trial.

With the increasing focus on healthy eating, a number of food and beverage producers are advertising legal action over misleading claims about the health benefits and ingredients of their products.

Recently, multinational food and beverage company Nestlé was hit with a class action lawsuit that alleges its Poland Spring Raspberry Lime Sparkling Water is flavored with a laboratory made flavor compound that contains barely any, if any at all, natural limes or raspberries.

Do you buy products with fruit ingredients for their health benefits? Do you check the ingredient label to make sure the fruits are included? Let us know in the comments section!

Johnston is represented by Spencer Sheehan of Sheehan & Associates, P.C.

The Kashi Strawberry Bars False Advertising Class Action Lawsuit is Sheila Johnston vs. Kashi Sales, L.L.C., Case No. 3:21-cv-00441, in the US District Court for the Southern District of Illinois.

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