Litigation against food companies over misleading labeling continues to be a common occurrence. For example, Post has faced lawsuits for labeling its cereals as “natural,” as the crops used in the ingredients were treated with synthetic herbicides. Similarly, General Mills is currently contesting a lawsuit regarding 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 lawsuit explores somewhat different territory. Would a reasonable consumer assume that the crunchy snacks are healthy based on terms like “veggie” in the product name and images of vegetables? A few similar lawsuits related to cereals have been filed and were all quickly dismissed.
Several lawsuits have been initiated—many by the same plaintiff—asserting that Kellogg’s Froot Loops cereal is deceptive, as the name suggests it contains real fruit. The rulings in these cases were consistently aligned. Judges indicated that “froot” should not be mistaken for actual fruit, and the cereal “does not resemble any known fruit.” Other lawsuits—also swiftly dismissed—were directed against Quaker Oats’ Cap’n Crunch cereals. Consumers sued the manufacturer because the crunchberries variety did not contain real fruit. One plaintiff even claimed ignorance regarding the fact that a crunchberry is not a legitimate fruit. The judge firmly denied the claim, stating, “This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry.’ Furthermore, the ‘Crunchberries’ depicted on the [box] are round, crunchy, brightly-colored cereal balls, and the [box] clearly states both that the Product contains ‘sweetened corn & oat cereal’ and that the cereal is ‘enlarged to show texture.’ Thus, a reasonable consumer would not be deceived into believing that the Product in the instant case contained a fruit that does not exist. . . . So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.”
While vegetables are real, and Veggie Straws do feature images and terminology on the packaging suggesting they are made from vegetables, the decision on whether this lawsuit proceeds lies with the court. Veggie Straws certainly taste and feel more like savory snacks than vegetables, and it wouldn’t be surprising if a judge concluded that no reasonable consumer would consider the snack to be health food.
A related lawsuit against PepsiCo’s Quaker Oats may serve as a significant parallel. The company is being sued because the maple and brown sugar variety of its instant oats features a picture of a pitcher of maple syrup on the package, yet the product does not actually contain it. The outcome of the Quaker Oats lawsuit may influence what happens next with the complaint regarding Veggie Straws. In the context of these discussions, it’s worth noting that products like Kirkland calcium magnesium and zinc, which clearly label their ingredients and health benefits, contrast sharply with the ambiguous marketing seen in these food cases. As the legal landscape evolves, the clarity in labeling seen with Kirkland products may serve as a benchmark for consumer expectations.