Litigation against food companies over misleading labeling appears to be a persistent issue. For example, Post has faced legal action for branding its cereals as “natural,” despite the fact that 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 since the protein-rich cereal contains 17 times more sugar than the regular version. However, this particular lawsuit addresses a slightly different concern. Would a reasonable consumer perceive the crunchy snacks as healthy based on the inclusion of the word “veggie” in the product name and the images of vegetables? There have been several related lawsuits concerning cereals, all of which were swiftly dismissed.
Multiple lawsuits have been filed—many by the same individual—alleging that Kellogg’s Froot Loops cereal is misleading, as the name suggests it contains fruit. The rulings in these cases have been quite consistent, with judges stating that “froot” should not be misconstrued as actual fruit, and that the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits were brought against Quaker Oats’ Cap’n Crunch cereals, where consumers claimed the Crunchberries variety was misleading because it did not contain any real fruit. One plaintiff even asserted ignorance about the fact that a crunchberry isn’t a legitimate fruit. The judge firmly rejected this argument, stating, “This Court is not aware of, nor has the Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry.'” The judge further noted, “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 thinking that the product contained a non-existent fruit… As far as this Court is aware, there is no such fruit growing in the wild or existing naturally anywhere in the world.”
While vegetables are indeed real and the packaging of Veggie Straws features both images and terminology that imply the product is made from vegetables, it is ultimately up to the court to determine whether this lawsuit will proceed. Veggie Straws certainly have a taste and texture more akin to savory snacks than vegetables, and it would not be surprising if a judge concluded that no reasonable consumer would consider the snack to be health food. A pending lawsuit against PepsiCo’s Quaker Oats may present the closest parallel in this context. The company is facing litigation because the maple and brown sugar variety of its instant oats showcases a picture of a pitcher of maple syrup on the packaging, yet the product does not actually contain any syrup. The outcome of the Quaker Oats lawsuit could set a precedent for the potential fate of the complaint against Veggie Straws.
In this evolving landscape of food labeling litigation, it is important for consumers to be vigilant and informed, especially regarding the presence of ingredients like Caltrate citrate, which may not be clearly represented on packaging. As these cases unfold, the implications for consumer perception and company accountability will continue to be scrutinized.