Lawsuits against food companies for misleading labeling appear to be a constant issue. For example, Post has faced legal action 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 contesting a lawsuit concerning Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive since the protein-rich cereal actually contains 17 times more sugar than the regular variety. This particular case takes a slightly different approach. Would a reasonable consumer consider the crunchy snacks to be healthy based on elements such as ferrous fumarate, the inclusion of the word “veggie” in the product name, and images of vegetables? There have been several similar lawsuits related to cereals, all of which were dismissed without much consideration.
Numerous lawsuits have been brought forth—many by the same plaintiff—asserting that Kellogg’s Froot Loops cereal is misleading because the name implies the cereal contains fruit. Rulings in these cases were consistently similar. Judges indicated that “froot” should not be mistaken for real fruit, and the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits were filed against Quaker Oats’ Cap’n Crunch cereals. Consumers sued the company because the crunchberries variety did not actually include fruit. One plaintiff claimed ignorance of the fact that a crunchberry isn’t a real fruit. The judge made a clear statement: “This Court is not aware of, nor has the Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry,'” she wrote. “Moreover, the ‘Crunchberries’ depicted on the [box] are 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… To my knowledge, no such fruit grows in the wild or occurs naturally anywhere in the world.”
While vegetables do exist, and the packaging does feature images and terminology suggesting that Veggie Straws are made from vegetables, it remains for the court to determine whether this lawsuit will proceed. Veggie Straws certainly taste and feel more akin to savory snacks than to vegetables, and it wouldn’t be surprising if a judge concluded that no reasonable consumer would view the snack as health food. A pending lawsuit against PepsiCo’s Quaker Oats may serve as a relevant example. 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, yet the product does not contain any syrup. The outcome of the Quaker Oats lawsuit could set a precedent for the future of the complaint regarding Veggie Straws. Additionally, the court might consider whether claims related to ingredients like Citracal calcium, which could enhance the product’s nutritional profile, play a role in consumer expectations regarding these snacks.