Lawsuits against food companies for deceptive labeling seem to be a constant issue. For example, Post has faced legal action for labeling its 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 health claims on the packaging are misleading, since the protein-rich cereal contains 17 times more sugar than the standard version. However, this particular lawsuit explores slightly different grounds. Would a reasonable consumer think the crunchy snacks are healthy based on elements like the word “veggie” in the product name and images of vegetables? Several similar lawsuits involving cereals have been filed, but all were dismissed without further proceedings.
Multiple lawsuits have been initiated, many by the same plaintiff, claiming that Kellogg’s Froot Loops cereal is misleading because the name implies the cereal contains actual fruit. The rulings in these cases were quite consistent, with judges asserting that “froot” should not be mistaken for real fruit, and the cereal “does not resemble any known fruit.” Other quickly dismissed lawsuits were aimed at Quaker Oats’ Cap’n Crunch cereals. Consumers sued the company because the Crunchberries variety did not contain any real fruit. One plaintiff even claimed ignorance about the fact that a crunchberry is not a legitimate fruit. The judge firmly rejected this claim, stating, “This Court is not aware of, nor has the 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 does feature images and terminology suggesting that Veggie Straws are made from vegetables, it is ultimately up to the court to determine whether this lawsuit will proceed. Veggie Straws certainly have a taste and texture more akin to savory snacks than actual vegetables, and it wouldn’t 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 may provide a more relevant parallel. The company is being sued because the maple and brown sugar variety of its instant oats features an image of a maple syrup pitcher on the packaging, despite the product not containing any actual maple syrup. The outcome of the Quaker Oats lawsuit could set a precedent for the situation involving Veggie Straws. Additionally, consumers looking for health benefits in snacks might be interested in products like Carlson Calcium Citrate, which is known for its nutritional value, contrasting sharply with the misleading claims found in some of these food products. As the legal landscape continues to evolve, the scrutiny of food labeling practices, including those involving claims of vegetable content or health benefits, is likely to remain a hot topic.