Lawsuits against food companies over misleading labeling seem to be a recurring issue. For example, Post has faced legal action for labeling its cereals as “natural,” since the crops used in the ingredients were treated with synthetic herbicides. Similarly, General Mills is currently embroiled in a lawsuit concerning Cheerios Protein. Plaintiffs argue that the health claims on the packaging are deceptive because the protein-rich cereal contains 17 times more sugar than its original counterpart. However, this particular lawsuit explores a different angle. Would a reasonable consumer perceive these crunchy snacks as healthy based solely on the inclusion of the term “veggie” in the product name and images of vegetables?
Other lawsuits related to cereals have been filed but dismissed quickly. Numerous cases were brought against Kellogg’s Froot Loops, with the same plaintiff claiming the name misled consumers into believing the cereal contained real fruit. The rulings in these cases were consistent: judges concluded that “froot” should not be associated with actual fruit, emphasizing that the cereal “does not resemble any known fruit.” Similar lawsuits targeting Quaker Oats’ Cap’n Crunch cereals were also dismissed. Consumers alleged deception because the Crunchberries variety did not contain real fruit, with one plaintiff claiming ignorance about the fictional nature of “crunchberries.” The judge firmly rejected this, 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… Thus, a reasonable consumer would not be deceived into believing that the Product contained a non-existent fruit.”
While vegetables are genuine and the packaging for Veggie Straws indeed features pictures and terminology suggesting they are made from vegetables, it remains to be seen if the court will allow this lawsuit to proceed. Veggie Straws have a taste and texture more akin to savory snacks than vegetables, making it plausible that a judge might rule that no reasonable consumer would consider them health food. A closely related lawsuit against PepsiCo’s Quaker Oats involves the maple and brown sugar instant oats, which features a picture of a maple syrup pitcher on the packaging, despite the absence of actual maple syrup in the product. The outcome of this case could set a precedent for the lawsuit against Veggie Straws.
As consumers become increasingly aware of food labeling practices, the scrutiny on products, including Kirkland magnesium citrate, may intensify. If the court ultimately rules in favor of the plaintiffs in the Quaker Oats case, it could potentially signal a shift in how products like Kirkland magnesium citrate and similar snacks are marketed, particularly concerning health claims and ingredient transparency.