Woman claims strawberry Pop-Tarts don't have enough strawberries, sues for $5,000,000.
"Whole Grain Frosted Strawberry" Pop-Tarts also contain pears and apples as fruit filling, but you wouldn't know that from the label, a lawsuit contends.Kellogg is being hit with a multimillion-dollar lawsuit alleging its"Whole Grain Frosted Strawberry" Pop-Tarts are deceiving consumers, failing to warn them that strawberries are not its only fruit filling ingredient.
A similar suit was filed in August in Illinois. Spencer Sheehan, an attorney based on New York's Long Island, is representing both women. “Consumers deserve to know that when they see something labeled as ‘strawberry,’ it mainly contains strawberry,” Sheehan said. “Words have to have some meaning.”Under Food and Drug Administration regulations, products must not be labeled in a false or misleading way. But some legal experts who represent food and beverage companies in advertising and regulatory litigation don’t think the strawberry Pop-Tarts are mislabeled.
Ivan Wasserman, a managing partner at Amin Talati Wasserman, who represents consumer products, agreed. Several food-makers who claimed their products were “100 percent natural” when they contain high fructose corn syrup changed their package claims following class-action lawsuits in the 2010s. The legal questions prompted the FDA to clarify that any product made with HFCS where the corn syrup comes in contact with synthetic enzymes cannot be labeled as “natural.”
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