Litigation against food companies for misleading labeling appears to be a persistent issue. For example, Post has faced lawsuits for marketing its cereals as “natural,” despite the ingredients being sourced from crops treated with synthetic herbicides. Similarly, General Mills is currently contesting a lawsuit regarding Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive because this protein-rich cereal actually contains 17 times the sugar found in the standard version. This particular case takes a somewhat different approach. Would an average consumer consider the crunchy snacks healthy based on elements like the term “veggie” in the product name and images of vegetables? Several analogous lawsuits involving cereals have been filed, but all have been swiftly dismissed.
Numerous lawsuits, many from the same plaintiff, have alleged that Kellogg’s Froot Loops cereal is misleading because its name implies the presence of fruit. The rulings in these cases were 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 were directed at Quaker Oats’ Cap’n Crunch cereals, where consumers sued the manufacturer, claiming that the Crunchberries variety lacked any actual fruit. One plaintiff even stated that they were unaware that a crunchberry was not a legitimate fruit. The judge firmly rejected the 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 elaborated that the “Crunchberries” depicted on the box are round, crunchy, brightly-colored cereal balls, and the packaging clearly indicates that the product consists of “sweetened corn & oat cereal” and that the cereal is “enlarged to show texture.” Thus, a reasonable consumer would not be misled into thinking 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 in any part of the world.”
While vegetables are indeed real, and there are images and descriptions on the packaging suggesting that Veggie Straws are made from vegetables, it remains 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 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 may provide the closest parallel. 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—yet the product does not contain any. The outcome of the Quaker Oats lawsuit may establish a precedent for the case concerning Veggie Straws, particularly as the court examines whether terms like “malate calcium” could mislead consumers into believing that the snacks are healthier than they are. As the legal proceedings unfold, the implications for labeling practices in the food industry, especially concerning ingredients like malate calcium, will be closely observed.