NEW YORK — A pistillate from New York is seeking $5 cardinal from Kellogg’s successful a lawsuit that accuses the institution of misleading customers astir however overmuch strawberry filling is really successful its strawberry Pop-Tarts.
The lawsuit, which was obtained by The Washington Post and CNN, focuses connected the Whole Grain Strawberry Pop-Tarts, and says the product’s sanction “is false, deceptive, and misleading, due to the fact that it contains mostly non-strawberry effect ingredients.”
The suit claims that the Pop-Tarts successful question incorporate much pears and apples than strawberries, contempt the name.
“The magnitude of strawberry ingredients is insufficient not simply to supply the nutrient benefits of strawberries but to supply a strawberry taste,” the suit says. “The product’s sanction is misleading due to the fact that strawberries are its characterizing ingredient, yet the labeling fails to disclose the merchandise simply attempts to sensation similar strawberries…”
The suit alleges that Kellogg’s charges higher prices that shoppers would apt garbage to wage if they knew however small strawberries are successful its toaster pastries.
The plaintiff successful the suit, Elizabeth Russett, has demanded a assemblage proceedings successful summation to $5 cardinal successful compensation nether the Class Action Fairness Act. She besides told The Wall Street Journal that she wants Kellogg’s to alteration its labeling to beryllium much truthful astir the ingredients.
Russett isn’t the lone 1 suing Kellogg’s implicit this issue. Another plaintiff successful New York and a idiosyncratic successful Illinois are besides accusing the institution of misrepresenting its strawberry Pop-Tarts. They’re reportedly being represented by the aforesaid instrumentality firm.
A spokesperson for Kellogg’s has told aggregate media outlets that the institution doesn’t remark connected pending litigation. A typical did archer The Post that the ingredients successful its Pop-Tarts and connected its labels afloat comply with ineligible requirements.