Breakfast Foods / Fruits and Vegetables / Regulatory Compliance

Law Firm Sues Kellogg for not Enough Strawberries in Pop-Tarts

By Dave Fusaro, Editor in Chief

Oct 26, 2021

At least three class action lawsuits filed by a litigious law firm claim Kellogg Co.'s marketing is misleading because there's not much strawberry in Strawberry Pop-Tarts, and as a result the toaster pastries do not deliver the health benefits of strawberries.

Various media reports identified the filers as women in Illinois, New York and one more state, although all were represented by Sheehan & Associates. A Washington Examiner story said the law firm has frequently filed lawsuits against major food companies, to the tune of two to three fraud suits per week during the first half of 2021. Sheehan & Associates has also filed the highest number of food-related fraud lawsuits in the last two years.

The suit filed by the Illinois woman focuses on her perception that strawberries "protect your heart, increase HDL (good) cholesterol, lower your blood pressure and guard against cancer." But the filling actually contains more dried pears and apples, the suit contends, and she was expecting the health benefits associated with strawberries.

The ingredient label indicates 2% or less of dried strawberries, as well as dried pears and dried apples. The total tart also contains red 40, yellow 6, blue 1 and added color, which could be construed as health hazards.

The lawsuit seeks at least $5 million and demands that Kellogg properly label and market the product.

The complaint notes toaster pastries from competing marketers use the phrase "Naturally & Artificially Flavored" on the box to tip off customers that the product has less strawberry ingredients than consumers might expect.