Litigation against food companies for misleading labeling is a recurring issue. For example, Post has faced lawsuits for advertising its cereals as “natural,” despite the fact that the crops used were treated with synthetic herbicides. Similarly, General Mills is currently contesting a lawsuit concerning Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive, as the protein-rich cereal contains 17 times more sugar than the regular version. However, this case introduces a slightly different angle. Would a reasonable consumer interpret the crunchy snacks as healthy based on terminology like “veggie” in the product name and images of vegetables? There have been several similar lawsuits related to cereals, all of which were dismissed swiftly.
Multiple lawsuits have been filed — many initiated by the same plaintiff — alleging that Kellogg’s Froot Loops cereal is misleading because its name suggests it contains fruit. The rulings in these cases have been consistent; judges have stated that “froot” should not be mistaken for actual fruit, and the cereal “does not resemble any known fruit.” Other quickly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, with consumers suing because the crunchberries variety lacks fruit. One plaintiff even claimed ignorance regarding the fact that a crunchberry is not a real fruit. The judge firmly rejected this 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 that the product contains ‘sweetened corn & oat cereal’ and that the cereal is ‘enlarged to show texture.’ Thus, a reasonable consumer would not be misled into believing that the product contains a non-existent fruit… To date, this Court has been made aware that there is no such fruit growing in the wild or occurring naturally anywhere in the world.”
While vegetables are real and the Veggie Straws packaging does suggest they are made from vegetables, it remains to be seen if the court will allow this lawsuit to proceed. Veggie Straws certainly have the taste and texture of savory snacks rather than vegetables, and it would not be surprising if a judge determined that no reasonable consumer would perceive this snack as health food. A pending lawsuit against PepsiCo’s Quaker Oats might provide 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 package, while the product itself does not contain any. The outcome of the Quaker Oats lawsuit may influence the potential resolution of the complaint regarding Veggie Straws, especially considering that consumers are often looking for healthier options, such as gnc calcium citrate plus, in their diets.
As the legal landscape continues to evolve, it will be interesting to observe how these cases unfold and what implications they may have for the industry, particularly for products that promote their health benefits without substantial backing.