Litigation against food companies over misleading labeling appears to be a persistent issue. For example, Post has faced lawsuits for branding its cereals as “natural,” even though the crops used in their ingredients were treated with synthetic herbicides. Similarly, General Mills is currently battling a lawsuit regarding Cheerios Protein, where plaintiffs argue that the cereal’s health claims are deceptive because it contains 17 times more sugar than its regular counterpart. This case, however, explores slightly different territory. Would a reasonable consumer perceive these crunchy snacks as healthy, influenced by terms like “veggie” in the product name and images of vegetables? A few comparable lawsuits involving cereals have been filed, all of which were quickly dismissed.
Multiple lawsuits have been initiated—many by the same plaintiff—asserting that Kellogg’s Froot Loops cereal is misleading because its name implies it contains fruit. Rulings in these cases have been consistent, with judges clarifying that “froot” should not be mistaken for actual fruit, and the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, where consumers contended the crunchberries variety did not contain real fruit. In fact, one plaintiff claimed ignorance that a crunchberry was not an actual fruit. The judge unequivocally 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.'” She continued, “Moreover, the ‘Crunchberries’ depicted on the [box] are round, crunchy, brightly-colored cereal balls, and the [box] clearly indicates that the product contains ‘sweetened corn & oat cereal’ and that the cereal is ‘enlarged to show texture.’ Therefore, a reasonable consumer would not be misled into believing that this product contained a fruit that does not exist… So far as this Court knows, there is no such fruit found in the wild or existing naturally anywhere in the world.”
While vegetables are genuine, and the packaging of Veggie Straws includes images and terms suggesting they are made from vegetables, it will ultimately be up to the court to determine if this lawsuit proceeds. Veggie Straws undoubtedly 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 these snacks to be health food.
A pending lawsuit against PepsiCo’s Quaker Oats may offer the closest 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 its packaging, despite the product lacking any actual maple syrup. The outcome of the Quaker Oats lawsuit may influence the trajectory of the complaint against Veggie Straws. Additionally, concerns have been raised regarding the calcium citrate doses that may be present in these products, further complicating the debate surrounding their health claims. As this case unfolds, the implications for labeling practices and consumer perceptions continue to grow, particularly in relation to the marketing of snacks such as Veggie Straws and their purported health benefits.