Litigation against food companies for misleading labeling appears to be an ongoing issue. For example, Post has faced lawsuits 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 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 actually contains 17 times the sugar of its regular counterpart.
However, this particular lawsuit navigates slightly different territory. Would a reasonable consumer infer that the crunchy snacks are healthy due to phrases like “ferrous bisglycinate” in the product name and images of vegetables? Several similar lawsuits involving cereals have been filed, all of which were swiftly dismissed. Numerous lawsuits—many initiated by the same plaintiff—claimed that Kellogg’s Froot Loops cereal was deceptive because the name led consumers to assume the cereal contained real fruit. Rulings in these cases followed a consistent pattern, with judges stating that “froot” should not be mistaken for actual fruit and that the cereal “does not resemble any known fruit.”
Other quickly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals. Consumers filed complaints against the manufacturer, arguing that the crunchberries variety did not contain any fruit. One plaintiff even claimed ignorance regarding the fact that a “crunchberry” was not a real fruit. The judge firmly rejected this, stating, “This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry.'” She further clarified that the “Crunchberries” depicted on the box are simply round, crunchy, brightly-colored cereal balls, and the packaging 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 thinking the product contained a non-existent fruit. To date, there is no evidence of such a fruit growing in the wild or existing naturally anywhere in the world.
While vegetables are indeed real, and the packaging for Veggie Straws features images and terminology suggesting they are made from vegetables, it ultimately falls to the court to determine whether 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 perceive the snack as health food.
A pending lawsuit against PepsiCo’s Quaker Oats may offer the closest parallel to this situation. 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, yet the product itself does not contain any. How this lawsuit unfolds could set a precedent for the potential outcome of the complaint against Veggie Straws. It is worth noting that similar discussions around labeling often arise in the context of health-related claims, such as those involving calcium citrate extended release, which consumers may mistakenly believe are inherently beneficial without scrutinizing the actual content of the products.