Lawsuits against food companies for deceptive labeling are a persistent issue. For example, Post has faced legal action for labeling its cereals as “natural” due to the synthetic herbicides used on the crops that produced the ingredients. Similarly, General Mills is currently contesting a lawsuit regarding Cheerios Protein, where the plaintiffs argue that the health claims on the packaging are misleading, as the protein-rich cereal contains 17 times more sugar than the regular version. However, this particular lawsuit explores a different angle: Would a reasonable consumer perceive these crunchy snacks as healthy based on the product name, which includes the word “veggie,” and the images of vegetables? Previous lawsuits concerning cereals have been filed with similar claims, all of which were dismissed without much consideration.
Several lawsuits, many initiated by the same plaintiff, have claimed that Kellogg’s Froot Loops cereal misleads consumers into thinking it contains fruit due to its name. Courts have consistently ruled that “froot” should not be mistaken for real fruit, emphasizing that the cereal “does not resemble any known fruit.” Additionally, other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, where consumers alleged that the crunchberries variety was misleading because it did not contain actual fruit. One plaintiff even claimed ignorance regarding the non-existence of a fruit called “crunchberry.” The judge firmly rejected this assertion, stating, “This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry.'” The ruling further clarified that the “Crunchberries” shown on the packaging are simply colorful, round cereal balls, and that the product clearly states it contains “sweetened corn & oat cereal,” alongside the note that the cereal is “enlarged to show texture.” Thus, a reasonable consumer would not be misled into believing that this product contains a non-existent fruit.
While vegetables do exist and the Veggie Straws packaging contains images and terms that suggest the product is vegetable-based, it is now up to the courts to determine whether this lawsuit will proceed. Veggie Straws have a taste and texture more akin to savory snacks than vegetables, so it would not be surprising if a judge concludes that no reasonable consumer would consider them health food.
A related lawsuit against PepsiCo’s Quaker Oats could provide a relevant parallel. The company is being sued because the maple and brown sugar instant oats packaging features an image of a pitcher of maple syrup, even though the product does not contain any. The outcome of the Quaker Oats lawsuit may influence the trajectory of the case against Veggie Straws, particularly as consumers increasingly scrutinize the health claims made by food products. In this context, the use of ingredients like calcium citrate OTC may also come under examination, as consumers seek clarity on the nutritional value of the snacks they choose. As these legal battles unfold, it remains to be seen how they will shape consumer perceptions and the standards for labeling in the food industry.