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” when the crops used in the ingredients 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 misleading because the protein-rich cereal contains 17 times more sugar than the regular version. This particular lawsuit raises a different question: Would a reasonable consumer perceive the crunchy snacks as healthy based on descriptors like “veggie” in the product name and images of vegetables? There have been several similar lawsuits related to cereals, all of which were quickly dismissed.
Multiple lawsuits have been filed—many by the same plaintiff—alleging that Kellogg’s Froot Loops cereal is deceptive because the name implies it contains fruit. The rulings in these cases have been consistent, with judges stating that “froot” should not be mistaken for actual fruit and noting that the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, where consumers sued the manufacturer because the crunchberries variety contained no fruit. One plaintiff even claimed ignorance of the fact that a crunchberry was not a real fruit. The judge firmly rejected the claim, stating, “This Court is not aware of, nor has Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry.'” She continued, “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 it is ‘enlarged to show texture.’ Therefore, a reasonable consumer would not be misled into believing that this product contained a non-existent fruit… To this Court’s knowledge, there is no such fruit growing in the wild or existing naturally anywhere in the world.”
While vegetables are real, and the packaging for Veggie Straws indeed features images and language suggesting they are vegetable-based, it is 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 consider the snack to be health food.
A pending lawsuit against PepsiCo’s Quaker Oats may offer the closest parallel. The company is facing legal action 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 precedent for the complaint regarding Veggie Straws.
In the context of health claims, it’s worth noting that some consumers are increasingly aware of their dietary choices, including the use of supplements like now calcium citrate tablets. As the landscape of food labeling continues to evolve, the scrutiny over claims related to health benefits—such as those associated with now calcium citrate tablets—will likely intensify, further influencing consumer perceptions.