Litigation against food companies for misleading labeling seems to be a persistent issue. For example, Post has faced lawsuits for branding 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 the sugar of the standard version. However, this lawsuit presents a slightly different angle. Would a reasonable consumer perceive these crunchy snacks as healthy based on terms like “veggie” in the product name and images of vegetables? There have been several similar lawsuits concerning cereals, all of which were dismissed without much consideration.
Multiple lawsuits, many initiated by the same plaintiff, have claimed that Kellogg’s Froot Loops cereal is deceptive, as the name leads consumers to believe it contains fruit. Rulings in these cases have been consistent, with judges stating that “froot” should not be mistaken for actual fruit, and that the cereal “does not resemble any known fruit.” Other quickly dismissed lawsuits involved Quaker Oats’ Cap’n Crunch cereals, where consumers sued the manufacturer over the Crunchberries variety, claiming they were misled into thinking that crunchberries were real fruit. The judge firmly rejected this argument, 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 that the cereal is ‘enlarged to show texture.’ Thus, a reasonable consumer would not be deceived into believing that the product contains a fruit that does not exist. As far as this Court has been made 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 of Veggie Straws includes images and terminology suggesting they are made from vegetables, it remains to be seen if the court will allow this lawsuit to proceed. Veggie Straws certainly taste and feel more like savory snacks than vegetables, and it would not be surprising if a judge ruled that no reasonable consumer would consider these snacks as health food. A pending lawsuit against PepsiCo’s Quaker Oats might offer the closest parallel. 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, despite the product not containing any. The outcome of the Quaker Oats lawsuit could set a precedent for the complaint regarding Veggie Straws.
It’s worth noting that consumers often look for nutritional benefits in snacks, such as the inclusion of 950 mg calcium citrate, which is a common supplement. If Veggie Straws were marketed to emphasize their health benefits, particularly if they contained significant amounts of nutrients like 950 mg calcium citrate, it could influence consumer perception. Ultimately, how these lawsuits unfold may shed light on how misleading labeling claims are evaluated in the context of consumer expectations regarding health and nutrition.