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A woman is suing Kellogg’s for $5M over lack of strawberries in strawberry Pop-Tarts

Kellogg’s is in a legal jam as its Frosted Strawberry Pop-Tarts are under scrutiny

Kellogg’s brand Strawberry flavored Pop-Tarts are arranged for a photo in Surfside, Florida.
In this April 29, 2013, file photo, Kellogg’s brand Strawberry flavored Pop-Tarts are arranged for a photo in Surfside, Florida. The company is currently facing a $5 million lawsuit over its Frosted Strawberry Pop-Tarts.
Wilfredo Lee, Associated Press

Kellogg’s is in a legal jam as its Frosted Strawberry Pop-Tarts are under scrutiny for not containing enough strawberries.

What is the Kellogg’s Pop-Tart lawsuit about?

  • In a recent lawsuit, Kellogg Sales Company is accused of misleading its customers by giving the impression that Frosted Strawberry Pop-Tarts contain “a greater relative and absolute amount of strawberries than it does,” USA Today reported.
  • The lawsuit, filed by Anita Harris of Illinois, asks for the company to embrace more accurate labeling practices and is seeking more than $5 million in damages, NBC 10 Philadelphia reported.
  • “Plaintiff bought the product because she expected it would have more of the named fruit ingredient,” the lawsuit states, according to NBC 10 Philadelphia. “Plaintiff wanted more than a ‘strawberry taste,’ which she nevertheless failed to receive. … Plaintiff would not have purchased the product if she knew the representations were false and misleading.”
  • The lawsuit claims that while Kellogg’s advertising makes the strawberries the “characterizing ingredient” in the Pop-Tart, dried strawberries appear on the ingredient list under the “contains 2% or less” section, in addition to other fruits like dried pears and apples.
  • The lawsuit also notes that the Frosted Strawberry Pop-Tart includes Red 40, a food dye that makes the Pop-Tart appear to have more strawberries than it does.
  • “Without the added coloring, consumers would be suspect of a product labeled as ‘strawberry,’” the lawsuit reads, according to NBC 10 Philadelphia, and would lead consumers to “inspect the ingredient list to determine the truth.”

What is the goal of the Kellogg’s Pop-Tart lawsuit?

  • Kellogg’s told The Hill that it doesn’t comment on “pending litigation.”
  • But according to Harris’ lawyer, the purpose of the lawsuit is to get Kellogg’s to promote its products “in a more truthful and transparent manner,” according to TODAY Food.
  • “If it doesn’t have mostly strawberries, if it’s mostly pears, then you know, just call it pear Pop-Tarts,” Harris’ lawyer, Spencer Sheehan, told TODAY Food. “I don’t know why you have to call it strawberry if it’s a mix of pears and apples and strawberries.”