Lawsuits targeting food companies for misleading labeling seem to be a constant occurrence. For example, Post has faced legal action for labeling their cereals as “natural,” despite the fact that the crops used in the ingredients were treated with synthetic herbicides. Similarly, General Mills is currently contesting a lawsuit regarding Cheerios Protein, where plaintiffs argue that the cereal’s health claims are deceptive because it contains 17 times more sugar than the regular version. However, this particular case explores different territory. Would a reasonable consumer assume that the crunchy snacks are healthy based on terms like “veggie” in the product name and images of vegetables? Several comparable lawsuits involving cereals have been filed previously, all of which were quickly dismissed.
Multiple lawsuits have been initiated — many by the same plaintiff — claiming that Kellogg’s Froot Loops cereal is misleading because the name implies it contains fruit. The rulings in these cases were consistently similar, with judges noting that “froot” should not be mistaken for real fruit and that the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits were against Quaker Oats’ Cap’n Crunch cereals, where consumers sued the company because the crunchberries variety did not actually contain fruit. One plaintiff even claimed ignorance about the fact that a crunchberry was not a legitimate fruit. 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.’ 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 the packaging for Veggie Straws features images and terms suggesting that they are made from vegetables, it will ultimately be up to the court to determine whether this lawsuit can proceed. Veggie Straws certainly taste and feel more like savory snacks than vegetables, and it would not be surprising if a judge decided that no reasonable consumer would consider the snack to be health food.
A pending lawsuit against PepsiCo’s Quaker Oats might offer the closest comparison. 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 lacking any actual syrup. The outcome of the Quaker Oats case could set a precedent for the complaint against Veggie Straws. Additionally, there’s a growing emphasis on nutritional content, such as the importance of zinc, which is often highlighted in brands like Kirkland. This aspect may also influence consumer perceptions in such lawsuits going forward.