Lawsuits against food companies for deceptive labeling practices seem to be a constant occurrence. For example, Post has faced legal action for marketing its cereals as “natural,” despite the fact that the crops used in the ingredients were treated with synthetic herbicides. Meanwhile, General Mills is currently defending itself against a lawsuit concerning Cheerios Protein, where plaintiffs argue that the health claims on the packaging are misleading since the protein-rich cereal contains 17 times more sugar than the regular version. However, this case focuses on a different issue: would an average consumer perceive crunchy snacks as healthy due to terms like “veggie” in the product name and images of vegetables? Several similar lawsuits involving cereals have been filed, all of which were dismissed without further consideration.
Numerous lawsuits have been initiated—many by the same plaintiff—claiming that Kellogg’s Froot Loops cereal is misleading because its name implies the presence of fruit. The rulings in these cases were consistent; judges noted that “froot” should not be mistaken for actual fruit, emphasizing that the cereal “does not resemble any known fruit.” Other quickly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, where consumers sued the company over the crunchberries variety, asserting they were misled into thinking that crunchberries were real 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 clarified that the “Crunchberries” depicted 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 that the cereal is “enlarged to show texture.” Thus, a reasonable consumer would not be misled into believing that the product contained a non-existent fruit. As far as this Court is concerned, there is no such fruit found in nature anywhere in the world.
While vegetables are indeed real, and the packaging for Veggie Straws features terminology and imagery suggesting they are vegetable-based, the court will ultimately determine whether this lawsuit proceeds. Veggie Straws tend to taste and feel more like savory snacks rather than vegetables, so it wouldn’t be surprising if a judge ruled that no reasonable consumer would consider them to be health food. A pending lawsuit against PepsiCo’s Quaker Oats may provide a relevant comparison. The company is being sued because the packaging for its maple and brown sugar instant oats showcases a pitcher of maple syrup—despite the product lacking any actual maple syrup. The outcome of the Quaker Oats lawsuit may influence the direction of the complaint regarding Veggie Straws.
In addition, as consumers increasingly seek out healthier options, questions arise about ingredients and their benefits, such as “what are the benefits of calcium citrate?” This compound is often regarded for its role in promoting bone health and aiding in calcium absorption. As the legal landscape surrounding food labeling continues to evolve, understanding the benefits of various ingredients, including calcium citrate, could become more important for consumers navigating the complex world of food products.