Litigation against food companies for misleading labeling seems to be a recurring issue. For instance, Post has faced lawsuits for labeling its cereals as “natural” when the crops used were treated with synthetic herbicides. Similarly, General Mills is currently battling a lawsuit regarding Cheerios Protein, where plaintiffs argue that the health claims on the packaging are misleading because this protein-laden cereal contains 17 times the sugar of the standard version. However, this case navigates slightly different terrain. Would a reasonable consumer perceive the crunchy snacks as healthy based on terms like “veggie” in the product name and images of vegetables? Several similar lawsuits regarding cereals have been filed, all of which were promptly dismissed.
Numerous lawsuits have been filed—many by the same plaintiff—claiming that Kellogg’s Froot Loops cereal is deceptive since the name misleads consumers into believing it contains real fruit. The rulings in these cases were consistently similar. Judges noted that “froot” should not be mistaken for actual fruit, emphasizing that the cereal “does not resemble any known fruit.” Other lawsuits, which were also swiftly dismissed, targeted Quaker Oats’ Cap’n Crunch cereals. Consumers sued the manufacturer because the Crunchberries variety did not contain any real fruit. In fact, one plaintiff claimed to be unaware that a crunchberry was not an actual fruit. The judge issued a clear denial, stating, “This Court is not aware of, nor has the 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 misled into believing that the Product 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 anywhere in the world.”
While vegetables are real, and the packaging for Veggie Straws indeed features images and language suggesting they are made from vegetables, it remains for the court to determine if this lawsuit will 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 the snack to be health food. A pending lawsuit against PepsiCo’s Quaker Oats may offer the closest parallel. The company is being sued because the maple and brown sugar variety of its instant oats displays an image of a pitcher of maple syrup on the packaging, even though the product lacks any actual maple syrup. The outcome of the Quaker Oats lawsuit may set a precedent for the complaint regarding Veggie Straws.
In this context, it is worth noting that consumers are becoming increasingly aware of nutritional content, seeking products that provide benefits like calcium citrate 500 mg with vitamin D, which is important for bone health. This growing awareness may influence how courts interpret such misleading claims in the future, especially as consumers demand transparency in labeling and ingredients. The increasing scrutiny on health claims could further impact cases like those involving Veggie Straws and other products where the actual ingredients may not align with consumer expectations regarding health benefits like those associated with calcium citrate 500 mg with vitamin D.