A federal decide in Manhattan has dismissed a proposed class-action lawsuit accusing Kellogg of utilizing deceptive labeling to magnify the quantity of strawberries in its Frosted Strawberry Pop-Tarts.
In a Thursday evening resolution, US District Choose Andrew Carter mentioned affordable customers wouldn’t count on strawberries to be the primary ingredient in a “pre-packaged, processed sugary deal with known as Frosted Strawberry Pop-Tarts.”
The decide mentioned Kellogg’s labeling described Pop-Tarts’ taste as an alternative of the supply of that taste, and customers like plaintiff Kelvin Brown of Bronx, NY, might verify the ingredient listing to resolve any confusion.
Carter additionally rejected the concept that Pop-Tarts patrons missed out on the well being advantages of strawberries.
“An affordable client is unlikely to buy a toaster pastry coated in frosting completely for the dietary worth of strawberries in its fruit filling,” he wrote.
A lawyer for Brown had no quick touch upon Friday. Kellogg and its legal professionals didn’t instantly reply to requests for remark.
Final month, a federal decide in Chicago dismissed an identical lawsuit over unfrosted Strawberry Pop-Tarts, saying Kellogg didn’t assure what number of strawberries it could use.
The Battle Creek, Mich.-based firm can be being sued over its Entire Grain Frosted Strawberry and Frosted Chocolate Fudge Pop-Tarts.
Lawsuits over false labeling are widespread, and lots of are unsuccessful.
On Wednesday, US District Choose Jed Rakoff in Manhattan dismissed a lawsuit accusing Mondelez Worldwide of deceiving purchasers of “Stoned Wheat Thins” into considering the snack cracker contained stone-ground entire wheat flour.
The case is Brown v Kellogg Gross sales Co, US District Courtroom, Southern District of New York, No. 20-07283.