Kellogg’s ‘Strawberry’ Pop-Tarts Made With Mostly Pears, Apples, Class Action Says

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

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

• Who: A consumer served a class action lawsuit to food giant Kellogg Sales Company. 
• 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.
• Where: The class action lawsuit is pending in New York federal court.

Kellogg Sales Company’s Whole Grain Frosted Strawberry Toaster Pastries, sold under its Pop-Tarts brand, mislead consumers as to the amount of strawberries contained within, a new class action lawsuit alleges.

Plaintiff Elizabeth Russett claims the Pop-Tarts packaging only depicts strawberries, in words and images, and shows the product’s bright red filling, matching the color of strawberries. She says the strawberry representations are misleading because the product has fewer strawberries than consumers expect based on the labeling.

Kellogg’s Falsely Markets Strawberry Pop-Tarts, Claims Class Action 

Russett says she purchased the whole grain, strawberry flavored Pop-Tarts because she expected it had a greater absolute and relative amount of strawberries because that is what the front label said. She claims she relied on the word, “strawberry,” the pictures of strawberries, the red filling and the trusted brand name. 

“Plaintiff expected the product had more strawberry than it did and certainly did not expect more pears and apples, individually, than strawberries,” the class action lawsuit states.

“Consumers seek strawberries for their nutritive properties because, according to WebMD, they can ‘protect your heart, increase HDL (good) cholesterol, lower your blood pressure and guard against cancer,’” the class action lawsuit states.

The Pop-Tart’s product name, “Whole Grain Frosted Strawberry Toaster Pastries,” is false, deceptive and misleading because it contains mostly non-strawberry fruit ingredients, claims the Kellogg lawsuit. According to the nutritional label, dried pears and dried apples are listed before dried strawberries, indicating that there are more of these ingredients than strawberries.

“The amount of strawberry ingredients is insufficient not merely to provide the nutrient benefits of strawberries but to provide a strawberry taste,” the lawsuit states. 

The class action lawsuit also notes that competitor frosted toaster pastries from Great Value (Walmart) and Clover Valley (Dollar Tree) are described as “strawberry” with pictures of strawberries, but they inform consumers that they have fewer strawberries than consumers would otherwise expect, through the statement, “naturally and artificially flavored.”

By labeling the product in this manner, the defendant gained an advantage against other companies and against consumers seeking to purchase a product with more of the named

ingredient than it contained, according to the lawsuit. Had the plaintiff and proposed class members known the truth, they would not have bought the product or would have paid less for it.

Russett seeks to represent consumers in New York, Kansas, Wyoming and Delaware who purchased Pop-Tart brand Whole Grain Frosted Strawberry Toaster Pastries. 

The plaintiff wants a court order stopping the alleged false advertising and damages for herself and Class Members. 

Consumers have complained of false marketing of Kellogg Strawberry Pop-Tarts. A Pop-Tarts class action lawsuit was filed in August against Kellogg Sales Company for similar claims regarding the toaster pastries strawberry content. 

Last year, a consumer accused Kellogg of deceptively marketing Pop-Tarts as well. 

Keep on top of class action lawsuits lodged against Kellogg and other food manufacturers by signing up for the free Top Class Actions newsletter! 

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

The Kellogg’s Strawberry Pop-Tarts Class Action Lawsuit is Russett, et al. v. Kellogg Sales Company, Case No. 7:21-cv-08572, in the U.S. District Court for the Southern District of New York White Plains.

Read About More Class Action Lawsuits & Class Action Settlements:

• Health Insurance Innovations Pays $27.5M Ending Class Action Alleging It Misrepresented Shoddy Health Plans
• Class Action Alleging Google Monopolized Advertising Market Paused by Judge
• ‘Goof Proof Insurance’ From Bob’s Discount Furniture Doesn’t Cover Goofs, Class Action Alleges
• Kellogg’s Morningstar Farms Veggie Products Mostly Oil, Grain, Water Class Action Lawsuit Claims