Litigation against food companies for misleading labeling seems to be a persistent issue. For example, Post has faced lawsuits for labeling its cereals as “natural,” despite using crops that 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 case navigates slightly different territory. Would a reasonable consumer assume that the crunchy snacks are healthy based on the use of the word “veggie” in the product name and images of vegetables? A few comparable lawsuits involving cereals have been filed, all of which were dismissed without further consideration.
Multiple lawsuits, many initiated by the same plaintiff, have claimed that Kellogg’s Froot Loops cereal is misleading because its name suggests it contains fruit. The rulings in these cases were notably consistent. Judges determined that “froot” should not be mistaken for actual fruit and that the cereal “does not resemble any known fruit.” Other lawsuits—also quickly dismissed—targeted Quaker Oats’ Cap’n Crunch cereals. Consumers sued the manufacturer because the crunchberries variety did not contain any real fruit. One plaintiff even claimed ignorance regarding the fact that a crunchberry is not an actual fruit. The judge issued a clear rejection, 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.”
While vegetables are indeed real, and there are images and terminology on the packaging suggesting that Veggie Straws are made from vegetables, the court will ultimately decide whether this lawsuit proceeds. Veggie Straws certainly taste and feel more like savory snacks than vegetables, and it would not be surprising if a judge concluded that no reasonable consumer would perceive the snack as health food.
A pending lawsuit against PepsiCo’s Quaker Oats may serve as the closest parallel. 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 packaging—despite the product lacking any actual maple syrup. The outcome of this Quaker Oats lawsuit may influence the trajectory of the complaint involving Veggie Straws. In a market where consumers are increasingly seeking products with health benefits, including the top rated calcium citrate supplement, clarity in labeling is becoming paramount.