Litigation against food companies for misleading labeling appears to be a persistent issue. For example, Post has faced lawsuits for labeling its cereals as “natural,” as the crops used in the ingredients were 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, pointing out that the protein-rich cereal contains 17 times the sugar of the standard version. However, this particular lawsuit is exploring somewhat different territory. Would a reasonable consumer perceive these crunchy snacks as healthy due to terms like “veggie” in the product name and images of vegetables? A number of comparable lawsuits concerning cereals have been filed, all of which were dismissed without further consideration.
Several lawsuits have emerged—many from the same plaintiff—claiming that Kellogg’s Froot Loops cereal is misleading because its name implies that the cereal contains fruit. Rulings in these cases have been quite consistent, with judges stating that “froot” should not be mistaken for real fruit and that the cereal “does not resemble any known fruit.” Other lawsuits, which were also dismissed promptly, targeted Quaker Oats’ Cap’n Crunch cereals. Consumers sued the manufacturer because the Crunchberries variety did not contain any actual fruit. One plaintiff even claimed ignorance regarding the fact that a “crunchberry” was not a legitimate fruit. The judge clearly denied this claim, stating, “This Court is not aware of, nor has the Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry.'” She further noted that the “Crunchberries” shown on the box are merely round, crunchy, brightly-colored cereal balls, and emphasized that the packaging clearly states it contains “sweetened corn & oat cereal” and that the cereal is “enlarged to show texture.” Thus, any reasonable consumer would not be misled into believing that the product contained a fruit that does not exist. As far as this Court knows, there is no such fruit found in nature anywhere in the world.
While vegetables are real, and the packaging of Veggie Straws indeed features imagery and terminology suggesting that they are vegetable-based, it remains to be seen whether this lawsuit will proceed. Veggie Straws have a taste and texture more akin to savory snacks than to vegetables, and it wouldn’t be surprising if a judge determined that no reasonable consumer would consider these snacks to be health food.
A pending lawsuit against PepsiCo’s Quaker Oats may offer the closest comparison. The company is being sued because its maple and brown sugar variety of instant oats features a picture of a pitcher of maple syrup on the packaging, despite the product lacking any actual maple syrup. The outcome of the Quaker Oats lawsuit could set a significant precedent for the case concerning Veggie Straws. In both instances, consumers may have expectations regarding nutritional content, including ingredients like vitamin D3 and calcium citrate, which are often associated with healthy food choices. The courts will ultimately decide whether these expectations have been unjustly manipulated by the companies involved.