Pop-Tarts Fraud Lawsuit Gets Tossed By Federal Judge In Illinois
Judge Tosses Pop-Tarts Fraud lawsuit Claiming Pop-Tarts Don’t Contain Enough Strawberries
A federal judge has tossed out the infamous Pop-Tarts fraud lawsuit. Plaintiffs had proposed a class-action lawsuit alleging Kellogg Company’s Strawberry Pop-Tarts do not contain enough strawberries.
US District Judge Marvin Aspen said no reasonable consumer could believe Pop-Tarts were made of only strawberries.
The word ‘Strawberry,’ combined with a picture of half of a strawberry and a Pop-Tart oozing red filling, does not guarantee that there will be a certain amount of strawberries in the product’s filling.
The judge stated that a reasonable consumer could conclude that the filling contains a certain amount of strawberries based on the package’s images and its use of the term ‘Strawberry.”
Plaintiff Stacy Chiappetta alleged Kellogg defrauded shoppers. She says Unfrosted Strawberry Pop-Tarts has deceptive packaging. Chiapetta alleged Pop-Tarts contain red food dye. She also alleged that the dye makes the filling brighter and more appealing on grocery store shelves.
The lawsuit pointed out that the Pop-Tarts contain less than 2% of dried strawberries. In addition, they contain dried apples and pears.
The complaint also alleged that the ‘Strawberry’ label is misleading because the treats also contain other fruits.
Chiappetta also accused Kellogg’s of violating federal and state consumer protection laws.
But Judge Aspen ruled that ‘Chiappetta has not identified any “untruths on the packaging” or a plausible deception:
The front of the Product packaging does not state or suggest anything about the amount of strawberries in the Product’s filling or guarantee that the filling contains only strawberries, and Chiappetta concedes that the filling contains some strawberries.
The Judge also wrote in his opinion that Chiappetta’s interpretation of the label is unreasonable and unactionable.
Chiappetts’s Lawyer Is A Serial Filer Of Bogus Deceptive Marketing Lawsuits
Chiappetta’s lawyer Spencer Sheehan also said in an email on Wednesday, “That does not mean the labeling is not misleading.”
Sheehan, who works in Great Neck, New York, has filed at least three similar lawsuits against Kellogg in Illinois and New York over its Frosted Strawberry, Whole Grain Frosted Strawberry and Frosted Chocolate Fudge Pop-Tarts.
He said different courts could reach opposite conclusions based on ‘almost identical’ facts.
The Pop-Tarts Fraud Lawsuit Isn’t The Only False Labeling Lawsuit Out There
Lawsuits over false labeling are common
Consumers filed 325 proposed class actions in 2021 against the food and beverage industry. This is up from 221 a year earlier. This is the fourth straight annual increase in filings against the food and beverage industry.
Pop-Tarts were first introduced in 1964. They indroduced several months after Kellogg’s competitor Post introduced its rival pastry, ‘Country Squares’.
First promoted in commercials featuring an animated toaster named Milton, Pop-Tops skyrocketed in popularity and quickly dominated the market.
Kellogg’s produces Pop-Tarts in dozens of flavors.
Call 800.516.1365 today or contact us here to learn how Top 10 Law Firm Websites can help you!