Kellogg Co has won the dismissal of a proposed class-action lawsuit alleging its strawberry-flavoured Pop-Tarts contain too few strawberries.
Plaintiff Stacy Chiappetta said Kellogg's defrauded consumers with deceptive packaging for its Unfrosted Strawberry Pop-Tarts which contain red food dye that she claims makes the filling “brighter and more appealing.”
US District Judge Marvin Aspen said that no reasonable consumer could believe from Kellogg's packaging that the toaster pastries contained only strawberries or more strawberries than other fruit ingredients.
In a Tuesday decision, Aspen said, "The word 'Strawberry,' combined with a picture of half of a strawberry and a Pop-Tart oozing red filling, does not guarantee that there will be a certain amount of strawberries in the product's filling.”
Spencer Sheehan, who is representing Stacy Chiappetta, has filed three similar lawsuits against Kellogg's in Illinois and New York over its Frosted Strawberry, Whole Grain Frosted Strawberry, and Frosted Chocolate Fudge Pop-Tarts.
