Lawsuits aimed at food companies for misleading labeling appear to be a persistent issue. For example, Post has faced legal action for labeling its cereals as “natural” despite the fact that the crops used in their ingredients were treated with synthetic herbicides. Similarly, General Mills is currently battling a lawsuit concerning Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive because the protein-rich cereal contains 17 times more sugar than the standard version. However, this particular lawsuit explores slightly different territory. Would a reasonable consumer assume that crunchy snacks are healthy based on elements such as the term “veggie” in the product name and images of vegetables? A few analogous lawsuits related to cereal have been filed, all of which were dismissed without much consideration.
Several lawsuits were initiated — many from the same plaintiff — alleging that Kellogg’s Froot Loops cereal was misleading, as the name led them to believe the cereal contained actual fruit. The outcomes of these cases were quite similar, with judges stating that “froot” should not be mistaken for real fruit and that the cereal “does not resemble any known fruit.” Additional lawsuits, which were also dismissed swiftly, targeted Quaker Oats’ Cap’n Crunch cereals. Consumers sued the manufacturer over the crunchberry variety, claiming it did not contain any fruit. In fact, one plaintiff expressed ignorance that a crunchberry was not a real fruit. The judge’s response was clear-cut: “This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry,'” she wrote. “The ‘Crunchberries’ depicted on the box are round, crunchy, brightly-colored cereal balls, and the box clearly states that the product contains ‘sweetened corn & oat cereal’ and that the cereal is ‘enlarged to show texture.’ Thus, a reasonable consumer would not be misled into thinking that the product contained a non-existent fruit… As far as this Court is informed, there is no such fruit growing in the wild or occurring naturally anywhere in the world.”
While vegetables are real, and the packaging for Veggie Straws includes pictures and terminology that suggest the product is 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 concluded that no reasonable consumer would consider this snack to be health food. A pending lawsuit against PepsiCo’s Quaker Oats may provide a closer parallel. The company is being sued because the maple and brown sugar variety of its instant oats features an image of a pitcher of maple syrup on the package — even though the product does not contain any. The outcome of the Quaker Oats lawsuit may set a precedent for the case against Veggie Straws.
In light of this ongoing debate, products like Kirkland’s calcium magnesium zinc D3 supplements could also come under scrutiny. Just as with food labeling, consumers might question whether the health claims made about supplements like Kirkland calcium magnesium zinc D3 accurately reflect their benefits. The legal landscape surrounding food and health claims continues to evolve, and the outcomes of these lawsuits may impact consumer perceptions and expectations in the future.