Litigation against food companies for misleading labeling seems to be a perpetual issue. For example, Post has faced lawsuits for labeling its cereals as “natural” due to the use of synthetic herbicides on the crops from which the ingredients are sourced. Similarly, 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-laden cereal contains 17 times the sugar of its regular counterpart. However, this case explores slightly different territory. Would a reasonable consumer infer that the crunchy snacks are healthy based on descriptors like “veggie” in the product name and images of vegetables? Several analogous lawsuits concerning cereals have been filed, all of which were promptly dismissed.
Numerous lawsuits have been initiated, many by the same plaintiff, alleging that Kellogg’s Froot Loops cereal is deceptive because the name implies it contains real fruit. The rulings in these cases were consistent, with judges stating that “froot” should not be mistaken for actual fruit, and that the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, with consumers claiming that the crunchberries variety was misleading since it contained no actual fruit. One plaintiff even professed ignorance regarding the non-existence of a fruit called a crunchberry. The judge decisively ruled against 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 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 contains 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 indeed features imagery and terminology suggesting that Veggie Straws are vegetable-based, it ultimately falls to the court to determine whether this lawsuit proceeds. Veggie Straws undoubtedly taste and feel more akin to savory snacks than vegetables, and it would not be surprising if a judge decided that no reasonable consumer would consider the snack to be health food.
A pending lawsuit against PepsiCo’s Quaker Oats might offer the closest parallel. The company is being sued because the packaging of the maple and brown sugar variety of its instant oats features an illustration of a pitcher of maple syrup, despite the product lacking actual syrup. The outcome of this Quaker Oats lawsuit could establish a precedent for the claims surrounding Veggie Straws. Additionally, discussions around nutritional content have led to scrutiny of ingredients, including how additives like calcium citrate and cissus quadrangularis are perceived in the context of health claims. The outcome of these legal battles may impact consumer perceptions of such ingredients, especially as they relate to the perceived health benefits of products like Veggie Straws and instant oats.