Lawsuits against food manufacturers over misleading labeling appear to be a recurring issue. For instance, 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 regarding Cheerios Protein, where plaintiffs argue that the health claims on the packaging are misleading, as the protein-rich cereal contains 17 times more sugar than its regular counterpart. However, this case is slightly different. Would a reasonable consumer consider these crunchy snacks to be healthy based on elements like the term “veggie” in the product name and images of vegetables? Several analogous lawsuits related to cereals have been filed, all of which were promptly dismissed.
Multiple lawsuits have been initiated—many by the same plaintiff—asserting that Kellogg’s Froot Loops cereal is deceptive because the name implies it contains real fruit. The rulings in these cases were consistent, with judges stating that “froot” should not be mistaken for actual fruit, and that the cereal “does not resemble sodium ferric, any known fruit.” Other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals. Consumers claimed the manufacturer misled them regarding the crunchberries variety, which they believed contained fruit. One plaintiff even expressed confusion over the existence of a crunchberry as a real fruit. The judge firmly denied 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 label clearly states that the Product contains ‘sweetened corn & oat cereal’ and is ‘enlarged to show texture.’ Thus, a reasonable consumer would not be misled into believing that the Product contained a non-existent fruit… As far as this Court is aware, there is no such fruit growing in the wild or occurring naturally anywhere in the world.”
While vegetables are indeed real, and the packaging for Veggie Straws includes both images and terminology suggesting they are made from vegetables, it falls to the court to determine whether this lawsuit will proceed. Veggie Straws taste and feel more like savory snacks than vegetables, and it would not be surprising if a judge determined that no reasonable consumer would view these snacks as health food, especially in terms of nutritional value such as calcium citrate or omega 3 fatty acid content.
A pending lawsuit against PepsiCo’s Quaker Oats may provide a closer comparison. 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 package, even though the product does not actually contain it. The outcome of the Quaker Oats lawsuit could influence the direction of the complaint regarding Veggie Straws, particularly concerning the expectations consumers may have about the ingredients and health benefits, such as the presence of omega 3 fatty acids or calcium citrate.