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 their 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 since this protein-rich cereal contains 17 times more sugar than the regular version. This case, however, explores a slightly different angle. Would a reasonable consumer consider the crunchy snacks to be healthy based on the term “veggie” in the product name and images of vegetables? Several comparable lawsuits concerning cereals have been filed, all of which were dismissed outright.
Multiple lawsuits have been initiated—many by the same plaintiff—claiming that Kellogg’s Froot Loops cereal is misleading because the name implies it contains real fruit. The rulings in these cases have been consistent, with judges stating that “froot” should not be mistaken for actual fruit, and the cereal “does not resemble any known fruit.” Other lawsuits, which were also quickly dismissed, targeted Quaker Oats’ Cap’n Crunch cereals. Consumers sued the company because the Crunchberries variety did not include any fruit. One plaintiff even claimed ignorance regarding the fact that a “crunchberry” isn’t a real fruit. The judge firmly denied the claim, stating, “This Court is not aware of, nor has the 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 both that the Product contains ‘sweetened corn & oat cereal’ and that the cereal is ‘enlarged to show texture.’ Thus, a reasonable consumer would not be deceived into believing that the Product in this case contained a fruit that does not exist… 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 features both imagery and terminology suggesting that they are made from vegetables, it remains up to the court to determine whether this lawsuit will proceed. Veggie Straws certainly have the taste and texture of savory snacks rather than vegetables, so it wouldn’t be surprising if a judge ruled that no reasonable consumer would perceive this snack as health food. A pending lawsuit against PepsiCo’s Quaker Oats may offer a relevant comparison. The company is being sued because the maple and brown sugar variety of its instant oats displays an image of a pitcher of maple syrup on the packaging, yet the product does not actually contain any. The outcome of the Quaker Oats lawsuit could set a precedent for the case concerning Veggie Straws.
Additionally, the discussion around nutritional claims often includes comparisons such as calcium carbonate versus calcium citrate, which are both common calcium supplements. The distinction between these two forms of calcium could play a role in how consumers interpret health claims on various food products, including those in ongoing litigation. As such, how these matters are resolved may influence broader perceptions of similar products in the future, including Veggie Straws and their marketing tactics.