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Woman ‘Deceived’ By Ingredients In Strawberry Pop-Tarts Files Class Action Lawsuit

by : Poppy Bilderbeck on : 25 Aug 2021 18:36
Woman Deceived By Ingredients In Strawberry Pop-Tarts Files Class Action LawsuitKellogg's/Pixabay

A woman who alleges she was deceived by ingredients within a Strawberry Pop-Tart has filed a class action against Kellogg’s. 

Anita Harris has filed a class action lawsuit in Illionois federal court, accusing Kellogg’s of violating the Illinois Food, Drug and Cosmetic Act.

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 28 February 2013 - Washington, D.C. - Rice Krispies Treats and Pop-Tarts displayed for sale at a Costco Wholesale Club warehouse in Washington, DC. Costco currently has oner 600 warehouse stores worldwide and is preparing to open its first stores in France and Spain later this year -Kris Tripplaar/SIPA USA/PA ImagesPA Images

Harris alleges that Kellogg’s is misleading consumers about the amount of strawberries within its Frosted Strawberry Pop-Tarts exaggerating the amount of strawberries, and subsequently making false claims about their nutrition.

Harris’s lawsuit follows Kellogg’s agreement to a $13 million class action settlement, which saw consumers who had purchased various Kellogg’s cereals labelled as ‘heart health’ or ‘lightly sweetened’, reap the financial rewards. The Settlement Class was made up of anyone in the US who purchased one of the Class Products for household use rather than resale, according to Top Class Actions.

Harris has decided to represent herself and a Class of consumers in Illinois, Iowa and Arkansas. She has accused Kellogg’s of negligent representation, fraud and unjust enrichment, on the basis of exaggerating the amount of strawberries in Frosted Strawberry Pop-Tarts in online promotions and on the product’s packaging.

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Boxes of Kellogg's cereal a supermarket in New York on Tuesday, October 30, 2018.The Kellogg Co. reported fiscal third-quarter earnings and sales that beat analysts� expectations -Richard B. Levine/SIPA USA/PA ImagesPA Images

Harris has accused the company of taking advantage of Americans’ desire to eat healthier, but also an audience’s tendency to choose strawberries due to the nutritional and adaptive benefits they carry.

The class action states:

The benefits from strawberries cannot be provided by strawberry ‘flavor,’ which refers to compounds extracted from strawberries used solely for taste, without their nutritional value.

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According to the Illinois Food, Drug and Cosmetic Act, Harris alleges that the front packaging of the Frosted Strawberry Pop-Tarts does not accurately describe or identify the ‘basic nature of the food or its characterizing properties or ingredients’.

Kellogg’s is alleged of making up for the lack of strawberries by adding a synthetic colourant named red 40, according to the lawsuit, a move noted as perhaps being due to strawberries being more expensive than other dried fruits.

Harris has accused Kellogg’s of subsequently misleading customers into thinking that the product is worth more than it is.

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The lawsuit also claims that Kellogg’s fails to fulfil its requirement to include the percentage of strawberry ingredient actually within its filling. It accuses the Pop-Tarts of even having ‘more non-strawberry fruit than strawberry ingredients’.

Harris is seeking monetary damages alongside punitive, or instead of statutory damages. She has also demanded a jury trial.

Kellogg’s has previously come under fire in relation to its Strawberry Pop-Tart ingredients, when Kelvin Brown accused the company‘s labelling of being misleading.

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Similarly, Kelvin Harris filed a class action against the company for its Kashi Mixed Berry Breakfast bars, due to them containing ‘significantly less berry than expected‘.

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Topics: Food, Lawsuit, Now

Credits

Top Class Actions and 3 others
  1. Top Class Actions

    Strawberry Pop-Tarts May Contain Unexpected Ingredients, Says Class Action Lawsuit

  2. Top Class Actions

    Strawberry Pop-Tarts Ingredients Are Misleading, Class Action Says

  3. Top Class Actions

    Kashi Mixed Berry Bar Contains ‘Less Berry,’ More Pear, Sugar, Tapioca, Says Class Action

  4. Top Class Actions

    Kellogg ‘Healthy’ Cereals $13M Class Action Settlement