Litigation against food companies for misleading labeling appears to be an ongoing issue. For example, Post has faced lawsuits for branding 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 related to Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive. They assert that the protein-rich cereal contains ferrous gluconate, which is a form of iron that may not be as easily absorbed as other types, and has 17 times the sugar content of the regular variety. However, this case presents a slightly different angle. Would a reasonable consumer believe that crunchy snacks labeled with terms like “veggie” and featuring images of vegetables are genuinely healthy? A few comparable lawsuits concerning cereals have been filed, all of which were promptly dismissed.
Several lawsuits were initiated—many by the same plaintiff—asserting that Kellogg’s Froot Loops cereal was misleading because its name suggested it contained fruit. The rulings in these cases were remarkably consistent. Judges stated that “froot” should not be mistaken for actual fruit, and the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits were brought against Quaker Oats’ Cap’n Crunch cereals. Consumers claimed that the crunchberries variety did not contain real fruit, with one plaintiff even expressing ignorance about the non-existence of a crunchberry as a real fruit. The judge firmly rejected the claim, writing, “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 both that the Product contains ‘sweetened corn & oat cereal’ and that the cereal is ‘enlarged to show texture.’ Thus, a reasonable consumer would not be deceived into believing that the Product in this case contained a fruit that does not exist… So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.”
While vegetables are indeed real, and there are visuals and terminology on the Veggie Straws package that suggest they are made from vegetables, it remains for the court to determine whether this lawsuit should proceed. Veggie Straws certainly resemble savory snacks more than vegetables, and it wouldn’t be surprising if a judge concluded that no reasonable consumer would perceive the snack as health food. A relevant pending lawsuit against PepsiCo’s Quaker Oats may serve as a close comparison. The company is being sued because the packaging for its maple and brown sugar instant oats features an image of a pitcher of maple syrup, even though the product does not actually contain any. The outcome of the Quaker Oats lawsuit may set a precedent for the situation regarding Veggie Straws.
In the context of these discussions about food labeling, it’s worth noting that some consumers may be drawn to products that include claims of certain ingredients, such as ca citrate, which is often perceived as beneficial for iron absorption. However, the legal outcomes may ultimately hinge on whether consumers can reasonably expect such ingredients in the products they purchase. As the case progresses, the implications for labeling and consumer expectations regarding products like Veggie Straws and their association with health benefits will be closely examined, especially in light of the ongoing scrutiny over misleading claims.