Lawsuits against food companies for misleading labeling appear to be a persistent issue. For example, Post has faced legal action for labeling its cereals as “natural,” despite the fact that the crops used were treated with synthetic herbicides. Similarly, General Mills is currently defending itself against a lawsuit regarding Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive since the protein-rich cereal contains 17 times more sugar than the regular version. However, this lawsuit touches on slightly different aspects. Would a reasonable consumer assume that crunchy snacks are healthy based on the term “veggie” in the product name and images of vegetables? There have been several similar lawsuits related to cereals, all of which were dismissed without much consideration.
Multiple lawsuits have been filed — many by the same plaintiff — asserting that Kellogg’s Froot Loops are misleading, as the name implies that there are actual fruit ingredients. In these cases, judges consistently ruled that “froot” should not be mistaken for real fruit, and the cereal “does not resemble any known fruit.” Additional lawsuits against Quaker Oats’ Cap’n Crunch cereals were also dismissed swiftly. Consumers claimed the crunchberries variety was deceptive because it did not contain real fruit, with one plaintiff asserting they were unaware that a crunchberry was not an actual 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… 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 of Veggie Straws features images and terminology suggesting they are made from vegetables, it will be up to the court to determine if this lawsuit can proceed. Veggie Straws certainly have a taste and texture more akin to savory snacks than vegetables, and it would not be surprising if a judge concluded that no reasonable consumer would perceive the snack as health food. A pending lawsuit against PepsiCo’s Quaker Oats might provide the closest parallel. The company faces a lawsuit because the maple and brown sugar variety of its instant oats displays a picture of a pitcher of maple syrup on the packaging, even though the product does not contain any. The outcome of the Quaker Oats lawsuit may influence the direction of the complaint regarding Veggie Straws.
In these discussions surrounding misleading labeling, it’s worth noting that products marketed on platforms like Amazon must also adhere to strict guidelines, especially when it comes to health claims. For instance, the citracal maximum plus dietary supplement is often scrutinized for its labeling, ensuring consumers receive accurate information regarding the product’s benefits. As these legal cases unfold, they may set important precedents for how food companies, including those selling on Amazon, communicate with consumers about their products.