Litigation against food companies for misleading labeling appears to be a persistent issue. For example, Post has faced legal action for marketing its cereals as “natural,” despite the fact that the ingredients were derived from crops treated with synthetic herbicides. Likewise, General Mills is currently contesting a lawsuit regarding 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. However, this lawsuit explores a somewhat different angle. Would a reasonable consumer consider the crunchy snacks to be healthy based on terms like “veggie” in the product name and images of vegetables? Several similar lawsuits concerning cereals have been filed, all of which were promptly dismissed.
Multiple lawsuits have been brought forth—many by the same plaintiff—asserting that Kellogg’s Froot Loops cereal is misleading since the name implies it contains fruit. Rulings in these cases have been consistent, with judges stating that “froot” should not be equated with actual fruit and that the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals. Consumers sued the company because the crunchberries variety did not contain real fruit. One plaintiff even claimed ignorance regarding the fact that a crunchberry was not an actual fruit. The judge decisively rejected this claim, noting, “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.’ Thus, a reasonable consumer would not be misled into thinking that the product contained a non-existent fruit… To the best of this Court’s knowledge, there is no such fruit growing in the wild or occurring naturally anywhere in the world.”
While vegetables are genuine, and the packaging of Veggie Straws indeed includes imagery and terminology suggesting they are made from vegetables, it remains to be seen whether the court will allow this lawsuit to proceed. Veggie Straws certainly taste and feel more like savory snacks than vegetables, so it would not be surprising if a judge determined that no reasonable consumer would consider the snack to be health food.
A pending lawsuit against PepsiCo’s Quaker Oats may serve as the closest parallel. The company is facing litigation because the maple and brown sugar variety of its instant oats features a picture of a pitcher of maple syrup on the package—despite the fact that the product does not contain any. The outcome of the Quaker Oats lawsuit could set a precedent for the case involving Veggie Straws.
Interestingly, discussions around misleading labeling often intersect with health claims. For instance, there has been growing attention on the implications of calcium citrate in pregnancy, especially concerning food products that market themselves as healthy. The ongoing scrutiny of food labels raises questions about consumer perception, particularly in products that imply health benefits without adequate substantiation. As these legal battles unfold, they may influence not only consumer behavior but also the standards for health-related claims across food products.