Kellogg mislabeled Pop-Tarts lawsuit actually is no joke

p 1 The strawberry Pop Tart lawsuit is no joke—mislabeling by Big Food is on the rise

A girl in New York has filed a seemingly overambitious-sounding lawsuit alleging that Kellogg’s strawberry Pop-Tarts falsely declare to have extra strawberries than they actually do. The criticism claims the product comprises much more pears and apples than strawberries—as evidenced by even the diet label on again, which lists “dried pears,” “dried apples,” and lots of synthetic substances earlier than “strawberries” seem. The girl, Elizabeth Russett, argues this is “false, misleading, and deceptive.” She’s requested for a jury trial, and is in search of damages within the quantity of $5 million beneath the Class Motion Equity Act.

On first learn, this may increasingly sound like one other frivolous swimsuit akin to the one filed against Starbucks (additionally demanding $5 million in damages) that mentioned the espresso chain was ripping folks off by placing an excessive amount of ice in iced drinks. But it surely additionally factors to a legit drawback rising in America’s meals system—the issue of meals firms deceptively advertising and marketing merchandise to make them sound higher than they’re.

Russett and her lawyer (a frequent litigator with a flurry of current plaintiffs, lots of them advocacy teams) are hoping to sue Large Meals into quitting these deceptive practices. Of their eyes, mislabeling is meals giants’ technique to exploit new client developments—wholesome consuming, enviro-friendly agriculture, moral sourcing—with out having to make actual adjustments.


A decade in the past, there have been fewer than 50 class actions per yr filed towards U.S. meals firms, however a survey in February from regulation agency Perkins Coie discovered that this yr they hit a report excessive—220 lawsuits. Russett’s lawsuit particulars how Kellogg additionally makes use of “vegetable juice for colour” and “paprika extract colour” to present strawberry Pop-Tarts their unnatural crimson coloring, then argues this alleged ruse ends in customers overpaying: Strawberries on common value 50% greater than pears.

Amongst different current examples are a complaint alleging that meals conglomerate Cargill misleads customers by prominently describing its turkeys as being “raised by independent family farmers,” and two lawsuits contending that Sargento cheeses with “no antibiotics” are actually made with milk from cows given these medication.

This extra aggressive civil litigation by customers and client teams additionally extends to complaints concerning the welfare of animals or staff being misstated, or about greenwashing merchandise so that they sound extra environmentally sustainable.

Meals firms all the time argue in courtroom that these lawsuits are meritless—and so they usually win. (Kellogg didn’t reply to a request for remark concerning the Pop-Tarts lawsuit.) However currently, client advocacy teams have tried pressuring the federal authorities into appearing. The Biden administration initially took some measures, via the Federal Commerce Fee (FTC) and the Meals and Drug Administration (FDA), to handle deceptive meals advertising and marketing claims, however activists argue extra sweeping adjustments are wanted.

Members of Congress have just lately taken up the trigger, too. To crack down on meals mislabeling, a invoice introduced in August would create a standardized set of symbols to convey on packages whether or not meals merchandise are wholesome. The regulation would additionally pressure firms to state substances extra clearly on packages—for instance, how a lot “complete grain” a loaf of bread comprises. Federal regulators would additionally, for the primary time, be required to outline phrases like “wholesome.”