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Volume XII, Number 183

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Strawberry Pop-Tart Claims Dismissed

  • An Illinois District Court dismissed a class-action lawsuit that alleged that the labeling on Kellogg Sales Company’s Unfrosted Strawberry Pop-Tarts mislead consumers into thinking that the product’s filling contained only strawberries, or at least a majority of strawberry ingredients, by including the word “Strawberry” and depicting half of a fresh strawberry and red fruit filling on the front panel of the packaging. In reality, the product’s filling also contained dried pears, dried apples, and the color additive Red 40.

  • The Court held that the claims were not actionable (i.e, a reasonable consumer would not be deceived) largely because the product did not make any representation that the product contained only strawberries or that it contained any particular quantity of strawberries. Interestingly, the Court did not address whether some minimum quantity of strawberry is required in a “strawberry” product and the opinion could be read as holding that a “strawberry” product is not misleading if it contains any measurable amount of real strawberries.

  • The case is very similar to another pair of class-action lawsuits that we have previously blogged about, one which also relates to the strawberry content of Pop-Tarts, and the other which relates to the strawberry content of breakfast bars. All three cases were filed by Sheehan & Associates.

© 2022 Keller and Heckman LLPNational Law Review, Volume XII, Number 74
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About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

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