Lawsuits against food companies for misleading labeling appear to be a constant issue. For example, Post faced legal action for labeling its cereals as “natural,” due to the fact that the crops used for the ingredients were treated with synthetic herbicides. Similarly, General Mills is currently defending itself against a lawsuit concerning Cheerios Protein, where plaintiffs argue that the health claims on the packaging are misleading since the protein-rich cereal contains 17 times more sugar than the regular version. However, this particular lawsuit delves into slightly different territory. Would a reasonable consumer perceive these crunchy snacks as healthy based on elements such as the word “veggie” in the product name and the images of vegetables? Several similar lawsuits related to cereals have been filed, all of which were promptly dismissed.
Numerous lawsuits — many from the same plaintiff — have alleged that Kellogg’s Froot Loops cereal is deceptive, as the name led consumers to believe it contained real fruit. The rulings in these cases were quite consistent. Judges determined that “froot” should not be mistaken for actual fruit, noting that the cereal “does not resemble any known fruit.” Additional lawsuits, which were also swiftly dismissed, targeted Quaker Oats’ Cap’n Crunch cereals. Consumers took action against the manufacturer because the crunchberries variety of the cereal lacked real fruit. One plaintiff even claimed ignorance of the fact that a crunchberry is not a real fruit. The judge firmly denied 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… As far as this Court is 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 includes images and language suggesting they are made from vegetables, it remains for the court to decide whether this lawsuit will proceed. Veggie Straws certainly have the taste and texture of savory snacks rather than vegetables, so 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 serve as 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 this ingredient. The outcome of the Quaker Oats lawsuit could influence the fate of the complaint against Veggie Straws.
In these cases, the presence of ingredients such as calcium citrate could also become a point of contention, especially if consumers believe that they are consuming healthier products. The interpretation of labeling and the implications of ingredients like calcium citrate could shape future legal discussions regarding consumer expectations and food marketing practices.