Litigation regarding the duration of lawsuits against food companies for misleading labeling appears to be an ongoing issue. For example, Post has faced lawsuits for labeling its cereals as “natural,” even though the crops used in the ingredients were treated with synthetic herbicides. Similarly, General Mills is currently defending itself against a lawsuit concerning Cheerios Protein, where plaintiffs argue that the health claims on the packaging are misleading, as the protein-rich cereal contains 17 times more sugar than the regular version. However, this lawsuit presents a somewhat different angle. Would a reasonable consumer infer that the crunchy snacks are healthy based on the inclusion of the word “veggie” in the product name and illustrations of vegetables? A few other lawsuits concerning cereals have been filed, all of which were dismissed without further consideration.
Several lawsuits have been initiated—many by the same plaintiff—claiming that Kellogg’s Froot Loops cereal is deceptive due to its name, which implies the cereal contains fruit. Rulings in these cases have been consistent. Judges have stated that “froot” should not be mistaken for actual fruit and that the cereal “does not resemble any known fruit.” Other quickly dismissed lawsuits were brought against Quaker Oats’ Cap’n Crunch cereals, where consumers sued the manufacturer over the crunchberries variety, asserting that it did not contain real fruit. One plaintiff even claimed ignorance regarding the fact that a crunchberry is 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.'” She further noted that the ‘Crunchberries’ depicted on the packaging are simply round, crunchy, brightly colored cereal balls, and the box explicitly 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 thinking that the product contains a non-existent fruit.
While vegetables are real and there are indeed images and wording on the packaging indicating that Veggie Straws are made from vegetables, it is ultimately up to the court to determine whether this lawsuit will proceed. Veggie Straws undoubtedly 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 serve as a relevant parallel. The company is being sued because the maple and brown sugar variety of its instant oats features an image of a pitcher of maple syrup on the packaging, despite the product not containing any. The outcome of the Quaker Oats lawsuit could significantly influence the potential resolution of the complaint against Veggie Straws.
In this context, the use of ingredients such as cal mag citrate could also come into play, as consumers become increasingly aware of what constitutes healthy food options. If the courts begin to scrutinize labeling practices more closely, especially in relation to health claims tied to ingredients like cal mag citrate, food companies may face greater challenges in accurately representing their products. The outcome of these legal challenges could ultimately shape public perception and consumer trust in food labeling practices.