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Kellogg faces a class action lawsuit from a consumer who claims that he was deceived by strawberry Pop-Tarts ingredients and labeling.
Plaintiff Kelvin Brown says the representations on strawberry Pop-Tarts labeling led him to believe that the fruit filling in the pastries was made from only strawberries. Instead, strawberry Pop-Tart ingredients allegedly include other fruits and dyes.
The labeling for strawberry Pop-Tarts features images of fresh strawberries and the red filling found within the toaster pastry. Although these images may cause consumers to assume that the filling is made only with strawberries, Brown argues that the ingredients of strawberry Pop-Tarts do not reflect these representations.
Instead of only containing strawberries, the filling in strawberry Pop-Tarts allegedly contains dried pears, apples, and Red 40 dye. All of these components are reportedly listed under the “contains 2% or less” heading on the ingredients list.
The inclusion of these ingredients may seem insignificant, but Brown argues that the contents of strawberry Pop-Tarts puts the product labeling in violation of federal and state labeling laws.
Under label laws, product packaging must contain a disclaimer or qualifier if the “characterizing flavor” is reinforced or supported by added flavoring or ingredients. If other ingredients are added, labels must include the percentage of any characterizing ingredients.
These regulations help consumers make informed decisions, especially when the amount of a characterizing ingredient has a bearing on how much a consumer will pay for a product or whether or not they will chose to purchase items at all.
In the case of strawberry Pop-Tarts, the characterizing flavor is strawberry. Brown argues that this flavor is reinforced by the addition of other fruits and dye. Because of the added dye, consumers like Brown are allegedly deceived into believing that the products’ filling doesn’t contain any added ingredients such as added fruits.
“Consumers do not expect a food labeled with the unqualified term ‘Strawberry’ to contain fruit filling ingredients other than strawberry, and certainly do not expect pears and apples, as indicated on the back of the box ingredient list,” Brown argues in his strawberry Pop-Tarts class action lawsuit.
As a result of this deception, Brown and other consumers were allegedly duped into paying a higher price for strawberry Pop-Tarts. Brown notes that the products are priced at $7.19 per 16 count box – significantly higher than comparable products which are marketed in a non-misleading way.
If the products were marketed in a truthful manner, Brown says that he and other consumers likely would not have paid as much for or would have decided not to purchase the food products. Because of this, Brown and a proposed Class of strawberry Pop-Tart purchasers allegedly sustained financial injuries.
“Defendant’s branding and packaging of the Product is designed to – and does – deceive, mislead, and defraud plaintiff and consumers,” the strawberry Pop-Tarts ingredients class action lawsuit contends.
“Defendant sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers like plaintiff.”
The lawyer representing Brown in this case has helped numerous consumers file lawsuits against food manufacturers, alleging that their products are misleadingly labeled and do not reflect their package representations.
Last month, a consumer filed a class action lawsuit against Dietz and Watson, claiming that the cheese manufacturer sold their artisan gouda cheese in a misleading way.
According to the plaintiff, the brand’s gouda cheese was advertised as “smoked” but its labeling failed to disclose the presence of added smoked flavoring.
The labeling class action lawsuit argues that the product’s representations are misleading because consumers assume that the cheese is actually smoked instead of flavored to taste smoked.
Earlier this month, a New York woman took action against Naked Juice Co.’s Pure Coconut Water. According to the plaintiff, the products are misleading and deceptive because of added natural flavors. These flavors are allegedly not disclosed on the product packaging, causing consumers to wrongfully believe claims that the coconut water is “pure.”
Mislabeling can reportedly lead to financial injury for consumers if they pay a premium price for products which are misleadingly labeled. For example, many consumers may choose to pay a higher price for natural, organic, or unflavored products. However, if these representations are based on false labeling, consumers may overpay for the product.
Did you purchase strawberry Pop-Tarts? Were you misled about the product’s ingredients? Share your thoughts in the comment section below.
Brown and the proposed Class are represented by Spencer Sheehan of Sheehan & Associates PC.
The Strawberry Pop-Tarts Ingredients Class Action Lawsuit is Brown v. Kellogg Sales Co., Case No. 1:20-cv-07283, in the U.S. District Court for the Southern District of New York.
Read About More Class Action Lawsuits & Class Action Settlements:
General Mills Agrees to Alter Labels, Ending ‘No Artificial Flavors’ Class Action
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1,389 thoughts onStrawberry Pop-Tarts Ingredients Are Misleading, Class Action Says
Please add me
Please add me , been eating these all the way up until now .
Please add me… I’ve been buying these at least twice a month.
Please add me. Pop Tarts very disappointing.