The suit claims that the Pop-Tarts contain an insufficient amount of strawberries.
A New York woman is suing The Kellogg Company for $5 million because she says the company’s Whole Grain Frosted Strawberry Pop-Tarts product doesn’t contain enough strawberries.
Elizabeth Russell files class-action court case On October 19 with attorney Spencer Sheehan against Kellogg’s for falsely advertising the contents of his pastry. He now has 90 days to file a complaint with the defendant, Kellogg’s Sales Company.
“Strawberry representations are misleading because the product contains fewer strawberries than consumers expect based on the labeling,” the lawsuit states.
“The amount of strawberry ingredients is insufficient to provide not only the nutritional benefits of strawberries but also strawberry flavor.”
The lawsuit seeks $5 million in damages under the Class Action Fairness Act and jury trial, claiming that customers who may not have bought the treat repeatedly had they known it contained fewer strawberries than expected.
In an interview with ABC News, Sheehan stressed the need for corrective action and said that her plaintiff “wasn’t asking for too much.”
The plaintiffs differ in the version of the suit from Pop-Tarts’ strawberry products against which they filed the complaint. Brown and Harris are fighting against Frosted Strawberry Pop-Tarts, Chiapetta against Unfrosted Strawberry Pop-Tarts and Russell Hole Grain against Frosted Strawberry Pop-Tarts.
Despite its name, the Whole Grain Frosted Strawberry Pop-Tarts box states that the pastry contains less than 2% of pears, apples, and strawberries listed before dried pears and dried strawberries with dried apples. The product is described on the company’s Website Like “sweet frosting garnished with a splash of rainbow and filled with strawberry-flavored goodness.”
Russell’s lawsuit states, “The generic or generic name of the product ‘Whole Grain Frosted Strawberry Toaster Pastry’ is incorrect, misleading and misleading, as it contains mostly non-strawberry fruit ingredients.”
The plaintiffs also take issue with the lack of information on artificial flavorings and color additions on front labels and marketing materials.
Kellogg’s said in a statement to ABC News: “While we do not comment on pending litigation, we can tell you that the ingredients and labeling in all of our Pop-Tart products fully comply with all legal requirements.”