Strawberry Pop-Tarts Win Again in Court

Another federal lawsuit against Kellogg over whether Pop-Tarts have enough strawberries has been dismissed, this time in New York.

U.S. District Judge Andrew Carter dismissed the lawsuit, which had been filed in September 2020. The crux was that purchasers of Pop-Tarts, Kellogg’s iconic toaster pastry, were entitled as a class to relief because strawberry-flavored Pop-Tarts also include apple and pear in their filling. Carter ruled that "No reasonable consumer would see the entire product label...and reasonably expect that fresh strawberries would be the sole ingredient in the Product."

The case was similar to one dismissed in Chicago in early March. It had been brought by Spencer Sheehan, a New York attorney who has filed more than 400 lawsuits against claims made about food products in marketing and advertising.