Slop-tarts! New York woman is SUING Kellogg’s for ‘misleading customers’ by bulking out its strawberry-flavored toaster snacks with too much pear and apple
- New class-action lawsuit claims strawberry Pop-Tarts don’t have enough berries
- Plaintiffs claim what little fruit they contain is mostly apples and pears
- Suit alleges customers are missing out on the health benefits of strawberries
- It is not the first time Pop-Tarts have been at the center of legal allegations
- A similar suit filed in August also challenged pop-tarts ingredients
A class-action lawsuit has accused Kellogg’s of misleading customers about the fruit content of their frosted strawberry Pop-Tarts, claiming they contain few actual strawberries.
The suit filed by New York woman Elizabeth Russett accuses the convenience food giant of padding out strawberry Pop-Tart filling with cheaper pears and apples, according to TMZ.
The class-action suit seeks $5 million in damages, and also seeks to force Kellogg’s to change its allegedly misleading Pop-Tart labels.
A spokesperson for the Kellogg Company declined to comment when reached by DailyMail.com on Tuesday, saying only: ‘Kellogg does not comment on pending litigation.’
A class-action lawsuit has accused Kellogg’s of misleading customers about the fruit content of their frosted strawberry Pop-Tarts
Pop-Tarts are seen in a stock image. First introduced in 1964, the toaster pastries are wildly popular, but a new lawsuit alleges that they don’t contain enough strawberries
It is not the first time that the ingredients of strawberry Pop-Tarts have come under scrutiny.
A separate lawsuit filed in August also alleges that the labels on strawberry Pop-Tarts ‘are misleading because they give consumers the impression the fruit filling contains a greater relative and absolute amount of strawberries than it does.’
The federal class-action suit filed in Illinois by Anita Harris also points out that the ingredients list on the highly processed breakfast food reveals that they contain ‘less than 2 percent’ strawberries, along with pears and apples.
Harris, who seeks to represent plaintiffs in Illinois, Iowa and Arkansas, points out in the suit that strawberries are popular with consumers due to their health benefits, but are more expensive than apples and pears.
‘Whether a toaster pastry contains only strawberries or merely some strawberries and a significant amount of other, less valued fruit ingredients, is basic front label information consumers rely on when making quick decisions at the grocery store,’ the Harris complaint states.
‘The Product’s common or usual name of “Frosted Strawberry – Toaster Pastries,” is false, misleading, and deceptive because its filling contains a relatively significant amount of nonstrawberry fruit ingredients – pears and apples – shown on the ingredient list,’ the lawsuit continues.
The Illinois suit points out that the ingredients list of Pop-Tarts reveals that they contain less than 2% of dried strawberries, and possibly more pears and apples
The suit claimed that a scientific analysis of Pop-Tart filling concluded that it likely contained even more non-strawberry fruit than actual strawberries.
The lawsuit also alleged that the use of red 40 food dye further misled consumers, by suggesting that Pop-Tart filling contains more strawberries than it actually does.
The complaint notes that competitor brands of toaster pastries, such as the store brands of Walmart and Dollar General, clearly warn consumers that they are ‘naturally and artificially flavored’.
The suit claims that because Kellogg’s ‘exclusively promotes strawberries’ on its Pop-Tarts labels, consumers are likely to be duped into ‘believing it is higher quality than it is.’
Pop-Tarts were first introduced in 1964, months after Kellogg’s competitor Post introduced its rival toaster pastry known as ‘Country Squares’.
First promoted in commercials featuring an animated toaster named Milton, Pop-Tops skyrocketed in popularity and quickly dominated the market.
Currently, Pop-Tarts are produced in dozens of flavors, as well as various seasonal and ‘limited edition’ flavors.