Litigation against food companies for misleading labeling seems to be a recurring issue. For example, Post has faced legal action for labeling its cereals as “natural” due to the crops used being treated with synthetic herbicides. Similarly, General Mills is currently contending with a lawsuit regarding Cheerios Protein, where plaintiffs argue that the health claims on the packaging are misleading, as the protein-rich cereal actually contains 17 times more sugar than the standard version. This particular lawsuit, however, navigates slightly different territory. Would a reasonable consumer conclude that the crunchy snacks are healthy based on the term “veggie” in the product name and the illustrations of vegetables? Several similar lawsuits involving cereals have been filed, all of which were dismissed swiftly.
Numerous lawsuits, many initiated by the same plaintiff, have claimed that Kellogg’s Froot Loops cereal is deceptive, as the name suggests the cereal contains fruit. Rulings in these cases have been consistent, with judges stating that “froot” should not be mistaken for real fruit, and the cereal “does not resemble any known fruit.” Other quickly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, where consumers sued because the Crunchberries variety did not contain any fruit. In fact, one plaintiff claimed ignorance about the fact that a crunchberry isn’t a real fruit. The judge firmly denied 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 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 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 anywhere in the world.”
While vegetables are indeed real, and the packaging for Veggie Straws features images and terminology that imply the product is made from vegetables, the court must decide if this lawsuit will proceed. Veggie Straws certainly taste and feel more like savory snacks than vegetables, and it would not be surprising if a judge ruled that no reasonable consumer would consider the 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 displays a picture of a pitcher of maple syrup on the package—even though the product does not actually contain any syrup. The outcome of the Quaker Oats lawsuit may set a precedent for the fate of the complaint against Veggie Straws, particularly if organic calcium citrate claims are involved in the discussion about health benefits and ingredient transparency.