Strawberry Pop-Tart Claims Dismissed

  • An Illinois District Courtroom dismissed a class-action lawsuit that alleged that the labeling on Kellogg Gross sales Firm’s Unfrosted Strawberry Pop-Tarts mislead shoppers into pondering that the product’s filling contained solely strawberries, or at the least a majority of strawberry elements, by together with the phrase “Strawberry” and depicting half of a recent strawberry and purple fruit filling on the entrance panel of the packaging. In actuality, the product’s filling additionally contained dried pears, dried apples, and the colour additive Pink 40.

  • The Courtroom held that the claims weren’t actionable (i.e, an inexpensive shopper wouldn’t be deceived) largely as a result of the product didn’t make any illustration that the product contained solely strawberries or that it contained any specific amount of strawberries. Curiously, the Courtroom didn’t tackle whether or not some minimal amount of strawberry is required in a “strawberry” product and the opinion could possibly be learn as holding {that a} “strawberry” product just isn’t deceptive if it incorporates any measurable quantity of actual strawberries.

  • The case is similar to one other pair of class-action lawsuits that we have now beforehand blogged about, one which additionally pertains to the strawberry content material of Pop-Tarts, and the other which pertains to the strawberry content material of breakfast bars. All three instances have been filed by Sheehan & Associates.

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