Litigation against food companies for misleading labeling appears to be a persistent issue. For example, Post has faced lawsuits for labeling its cereals as “natural” despite the fact that the crops used were treated with synthetic herbicides. Similarly, 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 standard version. However, this lawsuit takes a somewhat different angle: Would a reasonable consumer perceive these crunchy snacks as healthy based on terms like “veggie” in the product name and images of vegetables? There have been several comparable lawsuits concerning cereals, all of which were swiftly dismissed.
Multiple lawsuits were initiated — many by the same plaintiff — claiming that Kellogg’s Froot Loops cereal was misleading, as the name suggested it contained fruit. The outcomes of these cases were quite similar, with judges stating that “froot” should not be mistaken for actual fruit, and that the cereal “does not resemble any known fruit.” Other lawsuits against Quaker Oats’ Cap’n Crunch cereals were also rapidly dismissed. Consumers sued the manufacturer because the crunchberries variety did not include real fruit, with one plaintiff claiming ignorance of the fact that a crunchberry wasn’t an actual fruit. The judge firmly rejected this claim, 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 [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 fruit that does not exist. As far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally anywhere in the world.”
In contrast, while vegetables are indeed real and the packaging of Veggie Straws includes imagery and terminology suggesting they are made from vegetables, it remains for the court to determine whether this lawsuit proceeds. Veggie Straws certainly have the taste and texture more akin to 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 precedent. 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 package, despite the product lacking any actual syrup. The outcome of the Quaker Oats lawsuit could set a significant precedent for the complaint regarding Veggie Straws.
Additionally, the mention of “now calcium citrate 100 tablets” has surfaced in discussions about dietary supplements and their marketing. If this product were part of a similar lawsuit, it might also lead to questions about consumer perceptions of health claims associated with food items. The intersection of food labeling, health claims, and consumer expectations continues to evolve, making these ongoing legal battles particularly noteworthy.