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” when the crops used in the ingredients 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 misleading, as the protein-rich cereal contains 17 times the sugar of the regular version. However, this case presents a slightly different scenario. Would a reasonable consumer perceive the crunchy snacks as healthy based on terms like “veggie” in the product name and images of vegetables? Several similar lawsuits regarding cereals have been filed, all of which were promptly dismissed.
Numerous lawsuits, many initiated by the same plaintiff, have claimed that Kellogg’s Froot Loops cereal is misleading because its name suggests it contains fruit. Rulings in these cases were consistent, with judges stating that “froot” should not be confused with real fruit, and that the cereal “does not resemble any known fruit.” Other quickly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, with consumers suing the manufacturer over the crunchberries variety, asserting they were misled into thinking crunchberries were actual 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 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 for Veggie Straws includes images and terms suggesting they are vegetable-based, it is ultimately up to the court to determine if this lawsuit proceeds. Veggie Straws certainly taste and feel more like savory snacks than vegetables, leading one to believe that a judge may rule no reasonable consumer would consider the snack healthy food.
A pending lawsuit against PepsiCo’s Quaker Oats may offer 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 package, despite the product not containing any. The outcome of the Quaker Oats lawsuit could set a precedent for the case against Veggie Straws. As consumers increasingly seek healthy options, there’s a rising interest in products like calcitrate tabs, which are marketed for their health benefits. The scrutiny surrounding product labeling may extend to other items, including those like calcitrate tabs, as consumers become more vigilant about claims made by food manufacturers.