Litigation against food companies over misleading labeling appears to be a persistent issue. For example, Post has faced lawsuits for labeling its cereals as “natural” when the crops used were treated with synthetic herbicides. Similarly, General Mills is currently defending itself in a lawsuit regarding Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive since the protein-rich cereal contains 17 times more sugar than the original version. This case presents a slightly different argument: would a reasonable consumer perceive these crunchy snacks as healthy based on the use of the term “veggie” in the product name and the images of vegetables? There have been several similar lawsuits related to cereals, all of which were dismissed.
Multiple lawsuits have been filed—many by the same plaintiff—claiming that Kellogg’s Froot Loops cereal is misleading because its name implies it contains fruit. The rulings in these cases were consistent, with judges stating that “froot” should not be mistaken for actual fruit and that the cereal “does not resemble any known fruit.” Other lawsuits, which were also quickly dismissed, targeted Quaker Oats’ Cap’n Crunch cereals. Consumers sued the company because the crunchberries variety did not contain real fruit, with one plaintiff claiming ignorance that a crunchberry was not an actual fruit. The judge’s response was clear: “This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry,'” she wrote. “Furthermore, 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 believing that the product contains a non-existent fruit… As far as this Court is aware, 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 images and terms suggesting they are made from vegetables, it is now up to the court to determine whether this lawsuit should proceed. Veggie Straws certainly have the taste and texture of savory snacks rather than vegetables, and it would not be surprising if a judge ruled that no reasonable consumer would consider the snack a health food. A pending lawsuit against PepsiCo’s Quaker Oats could serve as a relevant parallel. The company is being sued because the maple and brown sugar variety of its instant oats features a picture of a maple syrup pitcher, even though the product does not contain any syrup. The outcome of the Quaker Oats lawsuit may influence the direction of the case involving Veggie Straws.
In this context, the mention of “rugby calcium citrate with vitamin D3” could be relevant, particularly when considering consumer perceptions of health and nutrition. For instance, if consumers associate products like Veggie Straws with health benefits similar to those of rugby calcium citrate with vitamin D3, it could bolster their argument that the labeling is misleading. Thus, as the court navigates these cases, the implications of health claims and consumer expectations will be pivotal, especially as they relate to products marketed as nutritious or beneficial, akin to the perceived advantages of rugby calcium citrate with vitamin D3.