Kellogg’s Fights Pop-Tarts Class Action, Says Customers Don’t Expect ‘Bushel’ of Strawberries

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Update:

• Illinois judge Marvin E. Aspen dismissed all claims filed against Kellogg’s by Pop-Tart consumer Stacy Chiapetta in an order filed Mar. 1.
• Most customers wouldn’t expect a strawberry Pop-Tart to be filled only with strawberries, Aspen ruled, siding with Kellogg’s in the class action case filed against it over its Unfrosted Strawberry Pop-Tarts.  
• Aspen said Kellogg’s does not promise a certain amount of strawberries in its marketing and therefore is not deceiving the customer.
• “No reasonable consumer could conclude that the filling contains a certain amount of strawberries based on the package’s images and its use of the term ‘strawberry,'” he said.

Kellogg’s Strawberry Pop-Tarts Class Action Lawsuit Overview: 

• Who: Kellogg Sales Company is hitting back against a consumer’s class action lawsuit filed over its strawberry Pop-Tarts.
• Why: The plaintiff alleges Kellogg knowingly misleads consumers as to the amount of strawberries in its Pop-Tart brand Whole Grain Frosted Strawberry Toaster Pastries, but the food giant says the claims are “implausible.”
• Where: The class action lawsuit is pending in New York federal court.

(01/13/2022)

Kellogg’s has hit back at claims it tricks customers into thinking its Frosted Strawberry Pop-Tarts have more strawberries than they do, saying no reasonable consumer is expecting a “bushel of fresh strawberries” in their breakfast pastry.

Kellogg’s is facing a class action lawsuit filed August 2021 in a New York federal court by consumer Anita Harris, who alleges Pop-Tart buyers were deceived by the company’s packaging. 

However, on Jan. 10, the food giant filed a fiery memorandum with the court, urging a judge to throw out the claims. 

In it, the company says Harris’ claims that its strawberry-themed labeling falsely suggests that Strawberry Pop-Tarts will provide the same “health-related benefits” associated with fresh strawberries are “absurd.”

It also takes aim at her allegations that the label is deceptive because the product also contains apples and pears. 

“The labeling of Strawberry Pop-Tarts does not state— or even imply—that the filling consists solely of strawberries. Nor does it suggest that the filling consists of a specific amount of strawberries,” the company says.

Kellogg’s Agreed To $13M Settlement Ending Claims It Falsely Labeled Sugary Cereals With Nutritional Claims

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.

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. 

She wants to represent herself and a class of consumers in Illinois, Iowa, and Arkansas.

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. 

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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