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Pop-Tart Class Action Filed; Alleges False Advertising

The Pop-Tart Class Action: Deceptive and Misleading Label of Frosted Strawberry Pop-Tarts

A Pop-Tart class action lawsuit was filed against Kellogg Sales Company for allegedly misleading consumers with their Frosted Strawberry Pop-Tarts as the product label states that the snack’s filling contains only strawberries as its fruit ingredient.

Consumers claim that a food product labeled with the term “strawberry,” with no qualifying language accompanying it, should not contain fruit filling ingredients other than strawberry, but the Frosted Strawberry Pop-Tarts ingredients list indicates otherwise.

You can refer to the case under the name: Brown v. Kellogg Sales Company, Case No. 1:20-cv-07283, S.D. NY.

Have you purchased a Frosted Strawberry Pop-Tarts product recently and believe you are affected by this class action lawsuit? Contact us today for help!

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The Facts of the Case

The class action lawsuit alleges that Kellogg Sales Company’s Pop-Tarts product “frosted strawberry” is misleading given the descriptor, as under federal law governing food labeling practices, which “includes or suggests the name of one [strawberries] or more but not all [pears and apples] such ingredients, even though the names of all such ingredients are stated elsewhere in the labeling.”

The lawsuit further claims that “under 21 C.F.R. § 102.5(b), strawberries are the ‘characterizing ingredient’ of the Product because their proportion has a material bearing on price and consumer acceptance.  Under 21 C.F.R. § 102.5(b), strawberries are the ‘characterizing ingredient’ of the Product because the labeling creates an erroneous impression that strawberries are present in an amount greater than is actually the case.

The Product also contains red 40, a food coloring which increases the redness of the filling, as seen on the front label. This gives the consumer the impression that the Product contains more strawberry ingredients than it does and only contains strawberry as its fruit filling ingredient. The value of the Product that the plaintiff purchased and consumed was materially less than its value as represented by the defendant. Had plaintiff and class members known the truth, they would not have bought the Product or would have paid less for them.”

Editor’s note on the Pop-Tart Class Action Lawsuit:

This piece is written about the recent Pop-Tart Lawsuit. If you are considered eligible to be among the class of consumers described in the class action, you may eventually be able to participate in receiving any compensation the court may award.

If you believe that what is alleged in the Kellogg Sales Company’s Frosted Strawberry Pop-Tart Class Action has affected you, please don’t hesitate to reach out to us.

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We’d be happy to help you take a step in the right direction, fight this issue, and better enable you to join in on any potential consumer class action. If interested, please send an email to, find us on Twitter or Facebook, or even connect with us directly on our website! We look forward to hearing from you all.

Similarly, please check out our current list of Class Actions and Class Action Investigations, here.

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