Lawsuits against food companies for misleading labeling of products like ferrous sulfate 75 mg are a recurring issue. For example, Post has faced litigation for labeling its cereals as “natural” since the crops used were treated with synthetic herbicides. General Mills is currently involved in 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 regular version. This particular lawsuit raises different questions, particularly regarding whether a reasonable consumer would perceive the crunchy snacks as healthy based on terms like “veggie” in the product name and the images of vegetables.
Several similar lawsuits regarding cereals have been filed, all of which were dismissed. Many of these lawsuits were initiated by the same plaintiff, who claimed that Kellogg’s Froot Loops were misleading because the name implied the cereal contained fruit. Judges ruled consistently that “froot” should not be mistaken for actual fruit, noting that the cereal “does not resemble any known fruit.” Other quickly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch, with consumers suing because the Crunchberries variety contained no fruit. One plaintiff claimed ignorance about the non-existence of a fruit called “crunchberry.” The judge firmly stated, “This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry.'” She further clarified that the Crunchberries shown on the box are “round, crunchy, brightly-colored cereal balls” and that the packaging clearly states the product is made from “sweetened corn & oat cereal,” indicating that no reasonable consumer would be misled into thinking the product contained a non-existent fruit.
While vegetables are real and there are indeed images and terms on the packaging suggesting that Veggie Straws are made from vegetables, it is ultimately up to the court to determine whether this lawsuit should proceed. Veggie Straws tend to taste and feel more like savory snacks than vegetables, and it would not be surprising if a judge concluded that no reasonable consumer would regard the snack as health food.
A pending lawsuit involving PepsiCo’s Quaker Oats may offer the most relevant comparison. The company is being sued because its maple and brown sugar instant oats packaging features an image of a pitcher of maple syrup, despite the product lacking any actual syrup. The outcome of the Quaker Oats lawsuit could influence the resolution of the complaint regarding Veggie Straws.
Meanwhile, consumers may find themselves pondering questions such as “how much calcium citrate should I take daily?” as they navigate the complexities of food labeling and health claims in these legal battles. As awareness grows, the discussion surrounding consumer perceptions and health-related product claims will likely continue to evolve.