Kellogg's Strawberry Pop-Tarts Lawsuit Dismissed

March 3, 2022
First of four nuisance class-action suits regarding the pastries is thrown out.

That proposed class-action lawsuit accusing Kellogg Co. of not using enough strawberries in Strawberry Pop-Tarts: dismissed. U.S. District Judge Marvin Aspen in Chicago said no reasonable consumer could believe that the breakfast staple contained only strawberries, or more strawberries than other ingredients such as pears and apples, according to Reuters and several other media.

"The word 'Strawberry,' combined with a picture of half of a strawberry and a Pop-Tart oozing red filling, does not guarantee that there will be a certain amount of strawberries in the product's filling," Aspen wrote in his decision on March 1, which was quoted by Reuters.

Stacy Chiappetta, the plaintiff, said Kellogg defrauded shoppers with deceptive packaging and that its pastries contain red food dye to make the filling "brighter and more appealing" on grocery store shelves. Her lawyer, Spencer Sheehan, apparently has filed at least three similar lawsuits against Kellogg in Illinois and New York over its Frosted Strawberry, Whole Grain Frosted Strawberry and Frosted Chocolate Fudge Pop-Tarts.

The law firm Perkins Coie, which defends companies against such claims, said 325 proposed class actions were filed in 2021 against the food and beverage industry, Reuters reported. That's up from 221 a year earlier, marking the fourth straight annual increase.

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