Litigation against food companies for misleading labeling seems to be a recurring issue. For example, Post has faced a lawsuit for labeling its cereals as “natural,” despite the fact that the crops used in the ingredients were treated with synthetic herbicides. Similarly, General Mills is currently contesting a lawsuit regarding Cheerios Protein, where plaintiffs allege that the health claims on the packaging are misleading since the protein-rich cereal contains 17 times the sugar of the regular version. However, this particular lawsuit addresses a slightly different issue. Would a reasonable consumer be led to believe that the crunchy snacks are healthy due to the presence of the word “veggie” in the product name and images of vegetables? There have been several similar lawsuits concerning cereals, all of which were promptly dismissed.
Numerous lawsuits have been initiated—many by the same plaintiff—claiming that Kellogg’s Froot Loops cereal is deceptive because the name suggests it contains fruit. In these cases, judges ruled that “froot” should not be mistaken for actual fruit, noting that the cereal “does not resemble any known fruit.” Other rapidly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, where consumers sued the company because the Crunchberries variety does not contain any real fruit. One plaintiff even claimed to be unaware that a crunchberry was not an actual fruit. The judge firmly denied the claim, 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, and the [box] clearly states that the Product contains ‘sweetened corn & oat cereal’ and that the cereal is ‘enlarged to show texture.’ Therefore, a reasonable consumer would not be misled into believing that the Product contains a fruit that does not exist. . . . As far as this Court is aware, there is no such fruit growing wild or occurring naturally anywhere in the world.”
While vegetables are indeed real, and the packaging for Veggie Straws features images and terminology suggesting that they are vegetable-based, it ultimately rests with the court to determine whether this lawsuit will proceed. Veggie Straws clearly taste and feel more like savory snacks than vegetables, and it would not be surprising if a judge concluded that no reasonable consumer would view the snack as health food. A pending lawsuit against PepsiCo’s Quaker Oats may provide the closest analogy. The company is facing a lawsuit because the maple and brown sugar variety of its instant oats displays 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 complaint involving Veggie Straws.
Interestingly, the case may also touch upon the expectations of consumers regarding nutritional content, such as the inclusion of ingredients like pure calcium magnesium citrate. As the courts navigate these legal challenges, the interpretation of what constitutes misleading labeling will be crucial, especially as consumers increasingly seek products that align with their health and dietary preferences.