Litigation against food companies for misleading labeling appears to be a persistent issue. For instance, Post has faced a lawsuit for labeling its cereals as “natural” because the crops used in the ingredients were treated with synthetic herbicides. Similarly, General Mills is currently contending with a lawsuit regarding Cheerios Protein, where plaintiffs argue that the health claims on the packaging are deceptive, as the protein-rich cereal contains 17 times more sugar than the standard version. However, this case presents a slightly different angle: Would a reasonable consumer consider the crunchy snacks to be a healthy iron supplement, given the product name includes “veggie” and features images of vegetables? Several related lawsuits concerning cereals have been filed, but all have been dismissed.
Multiple lawsuits, many initiated by the same plaintiff, claimed that Kellogg’s Froot Loops cereal was misleading, as the name suggested it contained fruit. The rulings in these cases were consistent, with judges stating that “froot” should not be equated with actual fruit, and the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals, with consumers suing because the Crunchberries variety did not contain any real fruit. One plaintiff even claimed to be unaware that a “crunchberry” was not 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 is ‘enlarged to show texture.’ Thus, a reasonable consumer would not be deceived into believing that the Product contained a fruit that does not exist… So far as this Court has been made aware, there is no such fruit growing in the wild or occurring naturally in any part of the world.”
While vegetables are indeed real, and the packaging for Veggie Straws suggests they are made from vegetables, 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, making it plausible that a judge could rule that no reasonable consumer would view the snack as a health food.
A pending lawsuit against PepsiCo’s Quaker Oats may offer a closer parallel. 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, yet the product does not contain any liquid syrup. The outcome of the Quaker Oats lawsuit may influence the direction of the case against Veggie Straws. As discussions around health supplements like ferrous calcium citrate and folic acid uses continue, the implications of such lawsuits highlight the importance of clear and truthful labeling in the food industry.