Lawsuits against food companies for misleading labeling are a recurring issue. For example, Post has faced legal action for labeling its cereals as “natural,” despite the fact that the crops used were treated with synthetic herbicides. Similarly, General Mills is currently defending itself in a lawsuit regarding Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive because this protein-rich cereal contains 17 times more sugar than the regular version. This particular case explores a different angle: would a reasonable consumer perceive the crunchy snacks as healthy due to terms like “veggie” in the product name and images of vegetables? There have been several similar lawsuits concerning cereals, all of which have been dismissed.
Numerous lawsuits, many filed by the same plaintiff, have claimed that Kellogg’s Froot Loops cereal is misleading, as the name implies the presence of fruit. In these cases, judges consistently ruled that “froot” should not be mistaken for actual fruit, noting that the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, with consumers claiming the crunchberries variety was misleading since it contained no real fruit. One plaintiff even stated they were unaware that a crunchberry was not an actual fruit. The judge firmly rejected this claim, stating, “This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry.'” She further explained that the “Crunchberries” shown on the box are simply round, crunchy, brightly-colored cereal balls, and the packaging clearly indicates that the product contains “sweetened corn & oat cereal” and is “enlarged to show texture.” Hence, a reasonable consumer would not be misled into thinking that the product contained a non-existent fruit.
In contrast, while vegetables are real and the packaging of Veggie Straws features images and language suggesting they are vegetable-based, it will ultimately be up to the court to determine if this lawsuit proceeds. Veggie Straws undeniably resemble savory snacks more than vegetables, and it wouldn’t be surprising if a judge concluded that no reasonable consumer would view them as health food.
A related lawsuit against PepsiCo’s Quaker Oats could serve as a significant precedent. The company is being sued because the packaging for its maple and brown sugar instant oats features an image of a pitcher of maple syrup, despite the product lacking any actual syrup. The outcome of the Quaker Oats lawsuit may influence the proceedings regarding Veggie Straws. Additionally, the ongoing discussions around the health benefits of products like Citracal 200 mg may add another layer to consumer expectations about health-related claims in food marketing. The resolution of these lawsuits might ultimately shape how consumers perceive the healthfulness of products in the future, including those like Citracal 200 mg that are marketed for their nutritional benefits.