Kellogg’s strawberry-flavored Pop-Tarts want extra strawberries, in accordance with a lawsuit filed towards the corporate in August.
A class-action lawsuit, filed by Anita Harris in the Southern District of Illinois, argues that the Kellogg Sales Company is deceptive shoppers by selling the breakfast pastry’s strawberry filling in its labels and advertising, giving an impression that the fruit filling incorporates “a greater relative and absolute amount of strawberries than it does.”
In actuality, the corporate’s “Frosted Strawberry Toaster Pastries” contain 2% or less of “dried strawberries, dried pears, dried apples” and “red 40,” in accordance with its diet label.
Harris claims the Pop-Tarts “cannot provide a true strawberry taste” since it is overwhelmed by “significant amounts” of pears and apples, and says the red food coloring gives consumers “the false impression” that the pastries contain more strawberries.
The lawsuit said if Harris had known the truth, she would not have bought the Pop-Tarts.
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“Whether a toaster pastry contains only strawberries or merely some strawberries … is basic front label information consumers rely on when making quick decisions at the grocery store,” the lawsuit reads. “Strawberries are the Product’s characterizing ingredient … (consumers) believe they are present in an amount greater than is the case.”
The lawsuit compares Kellogg’s product to similar toaster pastries from other brands like Walmart’s Great Value and Dollar Tree’s Clover Valley. The competitors also offer “frosted strawberry” pastries however word that they’re “Naturally & Artificially Flavored,” in accordance with the lawsuit.
Kellogg’s did not instantly reply to a request for remark.
The lawsuit goes on to quote the Illinois Consumer Fraud and Deceptive Business Practices Act, which says misleading acts comparable to “false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact” is illegal.
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Follow USA TODAY reporter Bailey Schulz on Twitter: @bailey_schulz.