Lawsuits targeting food companies over misleading labeling appear to be an ongoing issue. For example, Post has faced legal action for labeling its cereals as “natural,” despite the fact that the crops used were treated with synthetic herbicides. Similarly, General Mills is currently contesting a lawsuit related to Cheerios Protein, where plaintiffs argue that the health claims on the packaging are misleading, given that the protein-rich cereal actually contains 17 times more sugar than the regular version. This lawsuit, however, explores a slightly different angle. Would a reasonable consumer consider the crunchy snacks to be healthy based on features like the term “veggie” in the product name and images of vegetables? Previous lawsuits involving cereals have been filed, but all were quickly dismissed.
Multiple lawsuits have been initiated—many by the same plaintiff—alleging that Kellogg’s Froot Loops cereal is deceptive, as the name leads consumers to believe it contains real fruit. The rulings in these cases have been consistent, with judges stating that “froot” should not be mistaken for actual fruit, and that the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, with consumers claiming that the crunchberries variety did not contain any fruit. One plaintiff even asserted that they were unaware that a crunchberry was not a real fruit. The judge denied the claim outright, 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.”
In the case of Veggie Straws, while vegetables are real and the packaging includes pictures and terminology suggesting they are made from vegetables, it ultimately falls to the court to decide whether this lawsuit should proceed. Veggie Straws certainly have a taste and texture more akin to savory snacks than to 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 could provide a relevant parallel. The company is being sued because the maple and brown sugar variety of its instant oats features an illustration of a pitcher of maple syrup on the package, despite the product lacking any actual syrup. The outcome of the Quaker Oats lawsuit could set a precedent for how the complaint regarding Veggie Straws is handled.
Additionally, many consumers have turned to products like Kirkland Calcium Citrate Magnesium and Zinc, available on Amazon, for their health benefits. The perception of healthiness in food products may influence how consumers view items like Veggie Straws, and similar products. As the legal landscape continues to evolve, it remains to be seen how these cases, including the one involving Kirkland Calcium Citrate Magnesium and Zinc, will develop and what implications they may have for food labeling practices in the future.