NEW YORK — A woman from New York is seeking $5 million from Kellogg’s in a lawsuit that accuses the company of misleading customers about how much strawberry filling is actually in its strawberry Pop-Tarts.
The lawsuit, which was obtained by The Washington Post and CNN, focuses on the Whole Grain Strawberry Pop-Tarts, and says the product’s name “is false, deceptive, and misleading, because it contains mostly non-strawberry fruit ingredients.”
The suit claims that the Pop-Tarts in question contain more pears and apples than strawberries, despite the name.
“The amount of strawberry ingredients is insufficient not merely to provide the nutrient benefits of strawberries but to provide a strawberry taste,” the suit says. “The product’s name is misleading because strawberries are its characterizing ingredient, yet the labeling fails to disclose the product merely attempts to taste like strawberries…”
The suit alleges that Kellogg’s charges higher prices that shoppers would likely refuse to pay if they knew how little strawberries are in its toaster pastries.
The plaintiff in the suit, Elizabeth Russett, has demanded a jury trial in addition to $5 million in compensation under the Class Action Fairness Act. She also told The Wall Street Journal that she wants Kellogg’s to change its labeling to be more truthful about the ingredients.
Russett isn’t the only one suing Kellogg’s over this issue. Another plaintiff in New York and a person in Illinois are also accusing the company of misrepresenting its strawberry Pop-Tarts. They’re reportedly being represented by the same law firm.
A spokesperson for Kellogg’s has told multiple media outlets that the company doesn’t comment on pending litigation. A representative did tell The Post that the ingredients in its Pop-Tarts and on its labels fully comply with legal requirements.