Strawberry Pop-Tarts Lawsuit Alleges That the Pastry Does Not Contain Enough Strawberry

A recent class-action complaint alleges that Frosted Strawberry Pop-Tarts contain almost little strawberry at all. While a Pop-Tart can be rather delightful, the toaster pastries are not particularly filling.

Plaintiff Anita Harris alleges in the lawsuit filed in the United States District Court for the Southern District of Illinois that Kellogg’s claims about its Frosted Strawberry Pop-Tarts are deceptive because “they give consumers the impression the fruit filling contains a greater relative and absolute amount of strawberries than it does.”

The filing continues by stating that despite strawberries being the product’s “characterizing ingredient,” dried strawberries are not even mentioned on the actual ingredients list until the “contains 2-percent or less” section, where they coexist with other ingredients such as wheat starch, salt, dried pears, and dried apples.

According to the lawsuit, “Based on a quantitative estimate and analysis of the filling, it appears to or may even contain more non-strawberry fruit than strawberry ingredients.”

It continues, “To give consumers the false impression that the Product contains a greater absolute and relative amount of strawberries than it does, it contains red 40, a synthetic food coloring made from petroleum. Red 40 makes the strawberry-pear-apple combination look bright red like it is only strawberries or has more strawberries than it does.”

The lawsuit also cites two other brands: Great Value from Walmart and Clover Valley from Dollar Tree, both of which are labeled “Naturally & Artificially Flavored.” The lawsuit asserts that by excluding similar statements from the packaging of Pop-Tarts, Kellogg gains a competitive advantage.

In conclusion, the suit asserts that Kellogg “sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers.”

As a result, the plaintiff is requesting that the case be certified as a class action and that Kellogg be compelled to alter the packaging and marketing of these Pop-Tarts in addition to paying monetary damages.

Due to the pending nature of the litigation, Kellogg declined to comment.