Litigation against food companies regarding misleading labeling seems to be a persistent issue. For example, Post has faced lawsuits for labeling its cereals as “natural,” despite the fact that the crops used for the ingredients were treated with synthetic herbicides. Similarly, General Mills is currently engaged in legal battles concerning Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive, given that the protein-rich cereal contains 17 times the sugar of the standard version.
However, this particular lawsuit hinges on somewhat different arguments. Would a reasonable consumer perceive these crunchy snacks as healthy based on descriptors like “veggie” in the product name and images of vegetables? Several other lawsuits related to cereals have been filed, all of which were dismissed without much consideration.
Numerous lawsuits were initiated—many by the same plaintiff—claiming that Kellogg’s Froot Loops cereal was misleading due to its name, which implied the presence of fruit. The rulings in these cases were notably consistent. Judges determined that “froot” should not be mistaken for actual fruit and noted that the cereal “does not resemble any known fruit.”
Other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, where consumers alleged that the crunchberries variety did not contain fruit. One plaintiff even claimed ignorance regarding the fact that a crunchberry is not a real fruit. The judge decisively refuted 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 pointed out, “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 this 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 indeed real, and the packaging for Veggie Straws includes terms and imagery suggesting they are vegetable-based, it is ultimately up to the court to determine whether this lawsuit proceeds. Veggie Straws certainly taste and feel more akin to savory snacks than vegetables, so it wouldn’t be surprising if a judge concluded that no reasonable consumer would view the snack as health food.
A pending lawsuit against PepsiCo’s Quaker Oats may offer a relevant 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 packaging, even though the product does not actually contain any syrup. The outcome of this Quaker Oats lawsuit could set a precedent for the complaint concerning Veggie Straws.
In the context of dietary supplements, a consumer seeking to boost their health with products like Citracal Regular 250 mg should be aware of the labeling practices as well. Just as with the snacks in question, transparency in advertising and clear communication regarding ingredients are essential for maintaining consumer trust. The ongoing litigation serves as a reminder that consumers must remain vigilant and informed, particularly when it comes to health-related claims.