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| 1 minute read

PopTarts: Accused of Fraudulent Product Labeling

Kellogg's is being sued in a class action lawsuit over the name of its Frosted Strawberry PopTarts. Allegedly the packaging misleads consumers about what it contains. The name, and pictures on the box, the suit claims, suggest the product contains strawberries, when in fact it allegedly contains mainly apples and pears.

Are the words "Frosted Strawberry" the name of the PopTart variety, or are they merely the flavor? Does the large photograph on the front of the box displaying strawberries imply the product's main fruit ingredient is strawberries? Do consumers typically turn to toaster pastries when seeking nutritional value? If the nutritional benefits of strawberries significantly exceed those of apple or pear, does that make a difference to consumers and if so, does it rise to the level of fraudulently misleading deception?

The Food and Drug Administration (FDA) is the federal agency responsible for policing food, drug and nutritional supplementation labeling in the U.S. The standard of review for product labeling is generally "consumer confusion" and the interpretation of the average consumer is considered controlling. 

New York State also has consumer protection laws that require truth in packaging and labeling. 

The suit is seeking $5 million in damages. 

'Frosted Strawberry Toaster Pastries,' is false, deceptive, and misleading, because it contains mostly non-strawberry fruit ingredients.