Lawsuits against food companies for misleading labeling seem to be a constant trend. For example, Post has faced legal action for labeling its cereals as “natural,” despite the fact that 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 deceptive, as the protein-rich cereal contains 17 times more sugar than the standard version. However, this particular lawsuit takes a different angle. Would a reasonable consumer be led to believe that the crunchy snacks are healthy based on terms like “veggie” in the product name and images of vegetables? Previous lawsuits concerning cereals have been filed and subsequently dismissed without much deliberation.
Several lawsuits have been brought forth—many by the same individual—asserting that Kellogg’s Froot Loops cereal is misleading since its name implies that the cereal contains real fruit. The outcomes of these cases have been quite uniform, with judges stating that “froot” should not be mistaken for actual fruit, and that the cereal “does not resemble any known fruit.” Other quickly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals. Consumers filed suit against the manufacturer because the Crunchberries variety did not contain any fruit. One plaintiff even claimed ignorance regarding the fact that a crunchberry is not a real fruit. The judge issued a clear rejection of this 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.’ Therefore, a reasonable consumer would not be misled into believing that the Product contained a fruit that does not exist… To this Court’s knowledge, there is no such fruit found in the wild or occurring naturally anywhere in the world.”
While vegetables are indeed real, and the packaging does feature language and imagery suggesting that Veggie Straws are made from vegetables, it remains for the court to determine if this lawsuit will proceed. Veggie Straws undeniably taste and feel more like savory snacks than vegetables, and it would not 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 could offer a relevant comparison. The company is being sued because the maple and brown sugar variety of its instant oats features an image of a pitcher of maple syrup on the packaging, despite the product lacking any actual syrup. The outcome of this lawsuit may influence the direction of the complaint against Veggie Straws, much like how consumers might be misled into thinking they need calcium citrate pills for their health. How the court handles the Quaker Oats case might set a precedent for similar claims involving misleading product labeling, including those that might involve claims of health benefits related to snacks like Veggie Straws, which some consumers might mistakenly believe are equivalent to calcium citrate pills in delivering nutritional value.