Kellogg’s Frosted Strawberry Pop-Tarts Class Action Lawsuit Over False Advertisement
In a new class action lawsuit, it is claimed that Kellogg’s is misleading customers about the number of strawberries in its Frosted Strawberry Pop-Tarts.
Anita Harris v. Kellogg Sales Company
The class action lawsuit was filed following the settlement of a $13 million lawsuit against Kellogg’s, which alleged that the food manufacturing company falsely advertised the nutritional value of three of its sugary cereals.
Anita Harris, the lead plaintiff, alleges that Kellogg’s engaged in negligent misrepresentation, fraud, and unjust enrichment by misrepresenting the number of strawberries in Frosted Strawberry Pop-Tarts on online advertisements and on the product’s packaging. Harris wishes to represent herself as well as a Class of customers in the states of Illinois, Iowa, and Arkansas, among other states.
As a result of the nutritional and adaptive benefits of strawberries, Harris contends that the defendant is trying to take advantage of both Americans’ urge to eat healthier and their preference for strawberries in general.
According to the class action lawsuit, strawberry flavor, which refers to components taken from strawberries that are utilized primarily for taste and have no nutritional value, cannot give the benefits of strawberries because it lacks nutritional content.
As per Harris, customers rely on the information on the front of the packaging to determine whether or not they like to purchase a particular product.
Moreover, according to the plaintiff, the front of the package for Frosted Strawberry Pop-Tarts does not properly identify or discuss the basic nature of the product, or any of its identifying features or contents, as required by the Illinois Food, Drug, and Cosmetic Act.
Apple + Pear + Colorant = Strawberry
According to the class action lawsuit, strawberries cost more than the other dried fruits listed in the product’s ingredients, which include apples and pears. Moreover, according to the lawsuit, the corporation compensates for the lack or shortage of strawberries by introducing a synthetic colorant, red 40, to the product.
Harris says that this is an example of Kellogg’s tricking and misleading its customers into believing that the products are worth more than they actually are.
The class action lawsuit additionally alleges that Kellogg’s is in violation of the law by failing to fulfill its obligation to list the percentage of strawberry content in its filling.
According to the class action lawsuit, based on a quantitative assessment and examination of the filling, it appears to have more non-strawberry fruit ingredients than strawberry ingredients.
Harris is requesting a jury trial and is seeking monetary damages as well as punitive and/or statutory damages in addition to monetary damages.
Additional Identical Lawsuits
Kellogg’s has been accused of misrepresenting the strawberry content of its Frosted Strawberry Pop-Tarts in the past, and this is not the first time this has happened. In a class action lawsuit filed last year, a plaintiff asserted claims that were identical to this one.
Earlier this week, an identical class action lawsuit was filed against Kashi, which claimed that their Mixed Berry Breakfast Bars included less berry than customers would have reasonably expected.
Editor’s Note on Kellogg’s Frosted Strawberry Pop-Tarts Class Action Lawsuit 2021:
This article is written to inform you of the class action lawsuit filed against Kellogg’s Strawberry Pop-Tarts over falsely advertising its strawberry content.
Case Name & No.: Anita Harris v. Kellogg Sales Company, Case No. 3:21-cv-01040
Jurisdiction: U.S. District Court for the Southern District of Illinois East St. Louis Division
Products/Services: Frosted Strawberry Pop-Tarts
Allegations: Kellogg’s allegedly mislead customers about the number of strawberries that its product contains
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