Litigation against food companies for misleading labeling is a recurring issue. For example, Post has faced lawsuits regarding its cereals labeled as “natural,” as the ingredients were derived from crops treated with synthetic herbicides. Similarly, General Mills is currently contesting 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 standard version.
This particular case explores a slightly 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? Several similar lawsuits involving cereals have been filed, all of which were quickly dismissed.
Multiple lawsuits, often from the same plaintiff, have claimed that Kellogg’s Froot Loops cereal is deceptive because its name implies the presence of fruit. The rulings in these cases were consistent; judges stated that “froot” should not be mistaken for real 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 any actual fruit. One plaintiff even claimed ignorance regarding the non-existence of a crunchberry as a legitimate 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 colorful cereal balls, and the box clearly indicates that the product is “sweetened corn & oat cereal” and “enlarged to show texture.” Thus, a reasonable consumer would not be misled into thinking that the product contains a non-existent fruit. As far as this Court knows, no such fruit exists in nature.
While vegetables are real, and the packaging of Veggie Straws features images and language suggesting that they are vegetable-based, the court must decide whether this lawsuit will proceed. Veggie Straws certainly have a flavor and texture more akin to savory snacks than vegetables, making it plausible that a judge might conclude that no reasonable consumer would consider the snack to be health food.
A pending lawsuit against PepsiCo’s Quaker Oats might provide the closest parallel in this context. The company is being sued over its maple and brown sugar instant oats, which features an image of a pitcher of maple syrup on the packaging, despite the product lacking any actual maple syrup. The outcome of the Quaker Oats lawsuit could set a precedent for the future of the complaint against Veggie Straws.
Additionally, as consumers increasingly seek healthier options, products like Vitacost calcium citrate may gain popularity among those looking for nutritious alternatives. This trend underscores the importance of accurate labeling in the food industry, as consumers rely on such information to make informed choices. The resolution of these lawsuits may significantly impact how food companies present their products, including claims related to ingredients and health benefits like those associated with Vitacost calcium citrate.