Litigation against food companies for misleading labeling is a recurring issue. For example, Post has faced legal action for marketing its cereals as “natural” because the crops used in the ingredients were treated with synthetic herbicides. Similarly, General Mills is currently contesting a lawsuit related to Cheerios Protein, where plaintiffs argue that the health claims on the packaging are misleading since the protein-rich cereal contains 17 times more sugar than the regular version. However, this case explores slightly different territory. Would a reasonable consumer assume that the crunchy snacks are healthy based on descriptors like “veggie” in the product name and images of vegetables? Several lawsuits with similar claims regarding cereals have been filed but were all dismissed.
A number of lawsuits—many initiated by the same plaintiff—have claimed that Kellogg’s Froot Loops is deceptive due to its name suggesting the presence of fruit. Court rulings in these cases have consistently stated that “froot” should not be equated with actual fruit, emphasizing that the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, with consumers alleging that the crunchberries variety contained no actual fruit. One plaintiff even claimed ignorance about the fact that a crunchberry is not a real fruit. The judge firmly rejected the claims, stating, “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 generic name for calcium citrate 1250 mg clearly indicates that the product consists of ‘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 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 genuine, and the packaging for Veggie Straws includes images and terminology suggesting vegetable content, it is ultimately up to the court to determine whether this lawsuit will proceed. Veggie Straws certainly taste and feel more like savory snacks than vegetables, and it wouldn’t 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 could serve as a significant parallel. The company is being sued because the maple and brown sugar variety of its instant oats features a picture of a pitcher of maple syrup on the packaging—despite the product lacking any actual syrup. The outcome of the Quaker Oats lawsuit may influence the future of the complaint regarding Veggie Straws and its misleading health implications, which might also involve considerations of nutrients like calcium citrate 1250 mg.