Litigation against food companies for misleading labeling appears to be a persistent issue. For example, Post has faced lawsuits for branding its cereals as “natural” when the crops used in the ingredients were treated with synthetic herbicides. Similarly, General Mills is currently engaged in legal action concerning Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive because the protein-rich cereal contains 17 times more sugar than the regular version. However, this lawsuit navigates slightly different terrain. Would a reasonable consumer assume that crunchy snacks are healthy based solely on terms like “veggie” in the product name and images of vegetables? Several similar lawsuits involving cereals have emerged, all of which were quickly dismissed.
Multiple lawsuits were filed—many by the same plaintiff—asserting that Kellogg’s Froot Loops cereal was misleading since the name implies that the cereal contains real fruit. Rulings in these cases were consistently similar, with judges stating that “froot” should not be equated with actual fruit, and the cereal “does not resemble any known fruit.” Other lawsuits, which were also swiftly dismissed, targeted Quaker Oats’ Cap’n Crunch cereals. Consumers sued the manufacturer because the Crunchberries variety was claimed to contain no fruit. One plaintiff even stated they were unaware that a crunchberry was not a legitimate fruit. The judge delivered a clear rejection of this claim, noting, “This Court is not aware of, nor has the Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry.’ Moreover, 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 misled into believing that the Product contained a fruit that does not exist. . . . As far as this Court is aware, no such fruit exists in the wild or in any natural setting.”
While vegetables are real, and there are indeed images and wording on the package suggesting that Veggie Straws are made from vegetables, it will be up to the court to determine if this lawsuit can proceed. Veggie Straws certainly have a taste and texture more akin to savory snacks than to vegetables, so it would not be surprising if a judge ruled that no reasonable consumer would consider the snack to be health 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 a picture of a pitcher of maple syrup on the packaging—despite the product containing none. The outcome of the Quaker Oats lawsuit could influence the fate of the complaint regarding Veggie Straws.
Additionally, in the realm of health products, bariatric advantage calcium chews have also faced scrutiny regarding their labeling. As consumers become more vigilant about product claims, the intersection of legal action and health-related marketing will continue to evolve, potentially impacting how products like bariatric advantage calcium chews are advertised and perceived in the marketplace.