Ongoing Legal Battles Over Misleading Food Labeling: A Closer Look at Claims Against Major Brands
Litigation against food companies for misleading labeling seems to be an ongoing issue. For example, Post has faced lawsuits for labeling its cereals as “natural,” despite the fact that the crops used contained synthetic herbicides. Similarly, General Mills is currently engaged in a legal battle regarding Cheerios Protein, with plaintiffs arguing that the health claims on the packaging are deceptive because the cereal actually has 17 times more sugar than the regular version. However, this particular lawsuit explores a different angle. Would a reasonable consumer perceive these crunchy snacks as healthy based on the word “veggie” in the product name and the images of vegetables? There have been several similar lawsuits related to cereals, all of which were quickly dismissed.
Numerous lawsuits were filed—many by the same plaintiff—claiming that Kellogg’s Froot Loops cereal was misleading, as the name led consumers to believe it contained real fruit. The rulings in these cases were consistent, with judges stating that “froot” should not be mistaken for actual fruit, and that the cereal “does not resemble any known fruit.” Other swiftly dismissed lawsuits targeted Quaker Oats’ Cap’n Crunch cereals. Consumers sued the manufacturer because the Crunchberries variety did not contain real fruit. In fact, one plaintiff claimed ignorance about the fact that a crunchberry is not a real fruit. The judge decisively 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.'” She further noted that the “Crunchberries” on the package are simply round, crunchy, brightly-colored cereal balls, and that the box clearly indicates it contains “sweetened corn & oat cereal” and is “enlarged to show texture.” Thus, a reasonable consumer would not be misled into believing the product contained a non-existent fruit. As far as this Court is concerned, there is no such fruit found in nature anywhere in the world.
While vegetables are indeed real and Veggie Straws’ packaging includes images and terminology suggesting they are made from vegetables, it remains to be seen whether the court will allow this lawsuit to proceed. Veggie Straws certainly taste and feel more like savory snacks than vegetables, and it wouldn’t be surprising if a judge concluded that no reasonable consumer would consider the snack to be health food. A pending lawsuit against PepsiCo’s Quaker Oats may offer the closest parallel. The company is being sued because its maple and brown sugar instant oats package features an image of a pitcher of maple syrup, yet the product does not actually contain it. The outcome of the Quaker Oats lawsuit could set a precedent for the case against Veggie Straws.
Interestingly, some consumers are turning to alternatives such as calcium citrate from Dr. Berg to boost their health, highlighting the ongoing search for genuinely nutritious snack options amidst the confusion created by misleading labeling. As these legal battles unfold, the role of accurate labeling becomes increasingly significant, especially when consumers are seeking products that genuinely support their health aspirations, including those rich in calcium citrate.
