Strawberry Pop-Tarts Class Action Lawsuit Overview:
- Who: Plaintiff Anita Harris lodged a class action lawsuit against Kellogg Sales Company.
- Why: Harris alleges Kellogg’s misled consumers about the amount of strawberries in its Frosted Strawberry Pop-Tarts.
- Where: The class action lawsuit was filed in Illinois federal court.
Kellogg’s is misleading consumers about the amount of strawberries in its Frosted Strawberry Pop-Tarts, a new class action lawsuit alleges.
The class action lawsuit comes on the heels of a $13 million settlement ending claims Kellogg’s labeled three of its sugary cereals with false claims about their nutrition.
Lead plaintiff Anita Harris claims Kellogg’s engaged in negligent representation, fraud, and unjust enrichment by exaggerating the amount of strawberries in Frosted Strawberry Pop-Tarts in online promotions and on the product’s packaging. Harris wants to represent herself and a Class of consumers in Illinois, Iowa, and Arkansas.
Harris claims the defendant is taking advantage of both Americans’ desire to eat healthier and their inclination towards strawberries on account of their nutritive and adaptive benefits.
“The benefits from strawberries cannot be provided by strawberry ‘flavor,’ which refers to compounds extracted from strawberries used solely for taste, without their nutritional value,” states the class action lawsuit.
Consumers rely on this front-of-package information to make a decision about whether or not they want to purchase it, says Harris.
The front packaging for Frosted Strawberry Pop-Tarts does not accurately identify or describe “the basic nature of the food or its characterizing properties or ingredients,” alleges the plaintiff, who accuses Kellogg’s of violating the Illinois Food, Drug and Cosmetic Act.
Strawberry Pop-Tarts Made With Apple, Pear, Synthetic Colors
Strawberries are more expensive than the other dried fruits — apples and pears — listed in the product’s ingredients, according to the class action lawsuit. The company then makes up for the lack of strawberries by adding a synthetic colorant, red 40, says the lawsuit.
Harris claims this is an example of Kellogg’s deceiving and misleading its consumers into believing the product is worth more than it actually is.
Kellogg’s furthermore fails to fulfill its requirement of including the percentage of strawberry ingredient in its filling, the class action lawsuit alleges.
“Based on a quantitative estimate and analysis of the filling, it appears to or may even contain more non-strawberry fruit than strawberry ingredients,” states the class action lawsuit.
Harris is demanding a jury trial and seeking monetary damages along with punitive and/or statutory damages.
This is not the first time Kellogg’s has faced claims it misrepresents the strawberry content of its Frosted Strawberry Pop-Tarts. Last year, a plaintiff made similar claims in a class action lawsuit.
A similar class action lawsuit was filed last week against Kashi, which alleged its Mixed Berry Breakfast Bars contained less berry than consumers reasonably expect.
Do you believe Kellogg’s misled consumers about the contents of its Frosted Strawberry Pop Tarts? Let us know in the comments!
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C.
The Class Action Lawsuit is Harris v. Kellogg Sales Company, Case No. 3:21-cv-01040, in the U.S. District Court for the Southern District of Illinois East St. Louis Division.
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- Kashi Mixed Berry Bar Contains ‘Less Berry,’ More Pear, Sugar, Tapioca, Says Class Action
- Amazon One Palm Print Collection Questioned by Senators
- Judge Certifies Class Action Lawsuit Alleging Kind Falsely Advertised ‘Natural’ Nut, Granola Products
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