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Kellogg’s Faces Lawsuit Over ‘Strawberry’ Pop-Tarts

by : Emily Brown on : 23 Oct 2021 11:13
Kellogg's Faces Lawsuit Over 'Strawberry' Pop-TartsAlamy

Kellogg’s is being sued over its strawberry pop-tarts as a customer has accused the food manufacturing company of false advertising. 

The lawsuit was filed in late August by plaintiff Anita Harris, who is asking Kellogg’s to adopt more accurate labelling for its pop-tarts as she suggests its advertising is designed to give consumers the wrong impression.

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Damages from the false advertisement ‘exceeds $5 million’, according to the lawsuit which came about after Harris purchased some Frosted Strawberry Pop-Tarts.

Kellogg's strawberry pop-tart (Alamy)Alamy

According to NBC Philadelphia, the lawsuit centres around the lack of actual strawberry in the pop tarts, claiming the advertising gives consumers ‘the impression the fruit filling contains a greater relative and absolute amount of strawberries than it does.’

Harris is said to have purchased the product because ‘she expected it would have more of the named fruit ingredient’ and wanted ‘more than a ‘strawberry taste,’ which she nevertheless failed to recieved’.

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The lawsuit adds: ‘Plaintiff would not have purchased the Product if she knew the representations were false and misleading.’

Pop-Tarts (Pixabay)Pixabay

The advertising in question includes the product’s labelling and the proclamation of a ‘timeless yet yummy’ flavour of strawberries, as well as an online recipe on how to make strawberry shortcake.

Strawberries are presented as the ‘characterising ingredient’ in the product, according to the lawsuit, however, dried strawberries are listed as making up ‘2% or less’ in the ingredients list, which also contains pears and apples.

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Kellogg’s are accused of naming the product something which is ‘false, misleading, and deceptive because its filling contains a relatively significant amount of non-strawberry fruit ingredients – pears and apples – shown on the ingredient list.’

Kellogg's building (Alamy)Alamy

Spencer Sheehan, a New York attorney representing Harris, told TODAY the lawsuit is seeking to have Kellogg’s label its product ‘in a more truthful and transparent manner.’

He commented: ‘If it doesn’t have mostly strawberries, if it’s mostly pears, then you know, just call it pear Pop-Tarts. I don’t know why you have to call it strawberry if it’s a mix of pears and apples and strawberries.’

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Kellogg’s does not appear to have publicly commented on the lawsuit at the time of writing, October 23.

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Emily Brown

Emily Brown first began delivering important news stories aged just 13, when she launched her career with a paper round. She graduated with a BA Hons in English Language in the Media from Lancaster University and went on to contribute to The Sunday Times Travel Magazine and Student Problems before becoming Senior Journalist at UNILAD, where she works on breaking news, trending stories and longer form features.

Topics: Food, Lawsuit, Now

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TODAY Food and 1 other
  1. TODAY Food

    Kellogg's being sued for lack of real strawberry in Strawberry Pop-Tarts

  2. NBC Philadelphia

    Kellogg's Being Sued for Lack of Real Strawberry in Strawberry Pop-Tarts