Litigation against food companies for misleading labeling is a constant issue. For example, Post has faced lawsuits for labeling its cereals as “natural” due to the use of synthetic herbicides on the crops used for their ingredients. Similarly, General Mills is currently defending itself in 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 regular version. This case, however, explores a different angle. Would a reasonable consumer perceive the crunchy snacks as healthy based on the term “veggie” in the product name and the images of vegetables on the packaging? Several similar lawsuits concerning cereals have been filed and subsequently dismissed.
Numerous lawsuits, many from the same plaintiff, have alleged that Kellogg’s Froot Loops cereal is misleading because the name suggests it contains fruit. Rulings in these cases were consistent, with judges stating that “froot” should not be mistaken for actual fruit, noting that the cereal “does not resemble any known fruit.” Other quickly dismissed lawsuits were directed at Quaker Oats’ Cap’n Crunch cereals, where consumers sued the company over the crunchberries variety, claiming it contained no fruit. One plaintiff even stated that they did not realize a crunchberry wasn’t a real fruit. The judge firmly rejected 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 the packaging of Veggie Straws includes images and language suggesting they are made from vegetables, it is ultimately up to the court to determine whether this lawsuit will proceed. Veggie Straws tend to taste and feel more like savory snacks rather than vegetables, and it wouldn’t be surprising if a judge concluded that no reasonable consumer would consider the snack health food.
A pending lawsuit against PepsiCo’s Quaker Oats may provide the closest analogy. 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 not containing any. The outcome of the Quaker Oats lawsuit may set a precedent for the complaint against Veggie Straws.
As these cases unfold, it remains to be seen how the inclusion of ingredients like calcium citrate and vitamin D3 will factor into the discussions of health claims made by food companies, particularly in terms of how they might influence a reasonable consumer’s perception of product healthiness.