Lawsuits targeting food companies for misleading labeling seem to be a recurring theme. For example, Post faced legal action for branding its cereals as “natural,” despite the fact that the crops used in the ingredients were treated with synthetic herbicide. Meanwhile, General Mills is currently defending itself against a lawsuit regarding Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive because the protein-rich cereal contains 17 times the sugar of the regular version. However, this particular lawsuit addresses slightly different concerns. Would a reasonable consumer infer that these crunchy snacks are healthy based on the term “veggie” in the product name and the illustrations of vegetables? A few similar cereal-related lawsuits have been filed, all of which were quickly dismissed.
Several lawsuits were initiated—many by the same plaintiff—alleging that Kellogg’s Froot Loops cereal was misleading because the name suggested it contained 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 lawsuits, which were also swiftly dismissed, targeted Quaker Oats’ Cap’n Crunch cereals. Consumers sued the manufacturer because the crunchberries variety did not include real fruit. One plaintiff even claimed ignorance about the fact that a crunchberry isn’t an actual 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 emphasized that the “Crunchberries” illustrated on the box are round, crunchy, brightly-colored cereal balls, and the packaging clearly states that the product consists of “sweetened corn & oat cereal” and is “enlarged to show texture.” Therefore, a reasonable consumer would not be misled into thinking that the product contained an imaginary fruit. “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 indeed real, and the packaging for Veggie Straws features both pictures and terminology suggesting that they are made from vegetables, it is ultimately up to the court to determine whether 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 the snack to be health food.
A pending lawsuit against PepsiCo’s Quaker Oats may offer the closest comparison. The company is being sued because the maple and brown sugar variety of its instant oats showcases an image of a maple syrup pitcher on the package, yet the product contains none. The outcome of the Quaker Oats lawsuit could influence the future of the complaint against Veggie Straws. In this context, consumers might wonder if they should also be concerned about misleading labeling related to calcium citrate 500 mg brands when considering the health claims of various snack options. Ultimately, the resolution of these legal matters may shape consumer perceptions of what constitutes genuine health food in the marketplace.