Lawsuits against food companies for deceptive labeling seem to be a constant occurrence. For example, Post has faced litigation for labeling its cereals as “natural,” despite the ingredients being sourced from crops treated with synthetic herbicides. Meanwhile, 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 the sugar of the standard version. However, this particular case explores a somewhat different angle. Would a reasonable consumer perceive these crunchy snacks as healthy based on cues like the term “veggie” in the product name and images of vegetables? Similar lawsuits involving cereals have been filed previously, all of which were dismissed without much consideration.
Several lawsuits were initiated—many by the same plaintiff—alleging that Kellogg’s Froot Loops cereal was misleading because its name suggested it contained fruit. The outcomes of these cases were notably consistent. Judges indicated that “froot” should not be mistaken for real fruit, emphasizing that the cereal “does not resemble any known fruit.” Other quickly dismissed cases included claims against Quaker Oats’ Cap’n Crunch cereals, where consumers sued the manufacturer because the crunchberries variety lacked actual fruit. One plaintiff even claimed ignorance about the fact that a crunchberry isn’t a real fruit. The judge firmly rejected the claim, stating, “This Court is not aware of, nor has the 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 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 contained a non-existent fruit. . . . As far as this Court has been informed, there is no such fruit growing in the wild or occurring naturally anywhere in the world.”
While vegetables are indeed real, and there are images and terminology on the package suggesting that Veggie Straws are made from vegetables, it will ultimately be up to the court to determine if this lawsuit will proceed. 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 this snack to be health food. A pending lawsuit against PepsiCo’s Quaker Oats may offer the closest 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, despite the product lacking any actual syrup. The outcome of the Quaker Oats lawsuit could set a precedent for the complaint involving Veggie Straws.
Furthermore, discussions around nutritional supplements like Cal Mag Citrate from Solaray may arise as consumers look for healthier snack options. The ongoing scrutiny of food labeling could lead to increased awareness of what constitutes a genuinely healthful product, including the role of supplements like Cal Mag Citrate in a balanced diet. As these legal battles unfold, they may influence consumer perceptions and expectations regarding food labeling and health claims, including products like Veggie Straws.