Lawsuits against food companies for deceptive labeling seem to be a constant occurrence. For example, Post has faced legal action for labeling its cereals as “natural,” despite the ingredients originating from crops 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, as the protein-rich cereal contains 17 times more sugar than the regular version. However, this particular case explores a slightly different angle. Would a reasonable consumer assume that these crunchy snacks are healthy based on terms like “veggie” in the product name and images of vegetables? Several related lawsuits involving cereals have been filed, but they were all quickly dismissed.
Multiple lawsuits have been brought forth—many by the same plaintiff—claiming that Kellogg’s Froot Loops cereal was misleading because the name led consumers to believe it contained real fruit. Courts consistently ruled that “froot” should not be mistaken for actual fruit, stating that the cereal “does not resemble any known fruit.” Other quickly dismissed lawsuits were aimed at Quaker Oats’ Cap’n Crunch cereals, where consumers sued the manufacturer because the Crunchberries variety did not actually contain fruit. One plaintiff even asserted ignorance about the non-existence of a real fruit called a crunchberry. The judge categorically rejected this claim, noting, “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 in this case contained a non-existent fruit… To the best of this Court’s knowledge, there is no such fruit growing in the wild or naturally occurring anywhere in the world.”
While vegetables are indeed real, and the packaging for Veggie Straws includes images and terms suggesting they are made from vegetables, the court will ultimately decide whether this lawsuit proceeds. Veggie Straws certainly taste and feel more like savory snacks than actual vegetables, making it plausible that a judge might conclude that no reasonable consumer would consider this snack to be health food. A pending lawsuit against PepsiCo’s Quaker Oats could provide a relevant comparison. The company is being sued because the maple and brown sugar variety of its instant oats features a picture of a maple syrup pitcher on the package, yet the product contains none. The outcome of the Quaker Oats lawsuit may set a precedent for the case against Veggie Straws.
In discussing these food products, it’s also interesting to note the differences between calcium carbonate and calcium citrate. Both compounds are used as dietary supplements, but they vary in their absorption rates and effects on the body. Calcium citrate is often considered more easily absorbed, especially for individuals with lower stomach acid, while calcium carbonate is typically more cost-effective. The distinction between calcium carbonate and calcium citrate is important for consumers seeking to enhance their nutritional intake, just as understanding food labeling can affect purchasing decisions.