Litigation against food companies for misleading labeling appears to be an ongoing trend. For example, Post has faced lawsuits for labeling its cereals as “natural,” despite the ingredients originating from crops 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, as the protein-rich cereal contains 17 times more sugar than the regular version.
However, this case touches on slightly different issues. Would a reasonable consumer perceive the crunchy snacks as healthy based on the use of the word “veggie” in the product name and images of vegetables? Several similar lawsuits concerning cereals have been filed in the past, all of which were swiftly dismissed.
In multiple lawsuits—many initiated by the same plaintiff—Kellogg’s Froot Loops cereal was deemed misleading due to the name leading consumers to believe it contained real fruit. Rulings in these cases were consistent; judges 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. Consumers sued the company because the Crunchberries variety did not contain real fruit. One plaintiff even claimed ignorance regarding the fact that a crunchberry is not an actual fruit. The judge firmly rejected the 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 contained a non-existent fruit. . . . To the best of this Court’s knowledge, there is no such fruit found in nature.”
While vegetables are indeed real, and the packaging for Veggie Straws features terminology and images to suggest they are vegetable-based, it will ultimately be up to the court to determine if the lawsuit proceeds. Veggie Straws certainly taste and feel more like savory snacks than vegetables, and it wouldn’t 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 offer the closest analogy. The company is facing litigation 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 lacking any actual syrup. The outcome of the Quaker Oats lawsuit may influence the direction of the complaint concerning Veggie Straws.
In discussions about health food, especially for bariatric patients seeking the best calcium citrate for bariatric patients, these lawsuits highlight the importance of clear labeling. As the legal landscape unfolds, it will be interesting to see how these cases impact consumer perceptions and the standards for what constitutes healthy snacks, including the best calcium citrate for bariatric patients. Ultimately, the ongoing litigation against food companies underscores the critical need for transparency and honesty in product labeling, especially for those making health-conscious choices.