An Illinois consumer has filed a class action lawsuit against Kellogg in federal court, claiming that Frosted Strawberry Pop-Tarts’ packaging is misleading because the product contains less strawberry than implied by the packaging.  The complaint highlights that the ingredient declaration indicates that the product “contains 2% or less” of dried strawberries, pears, and apples and speculates that apple and pear could be more prominent than the strawberry component. In addition, the complaint notes that the product contains Red 40 as an ingredient, which allegedly misleads the consumer into thinking there is more strawberry in the product.

The plaintiffs in this case raised that the Pop Tarts are not described as being strawberry flavored.  The complaint compared the label of the Frosted Strawberry Pop-Tarts to other brands’ strawberry toaster pastries, like Great Value and Clover Valley, which describe the products on the front of the package as being “artificially and naturally flavored.” The Pop Tarts are described as being “Frosted Strawberry” without reference to being flavored.

The newly filed complaint is similar to our previous post on a similar complaint concerning Kashi Strawberry Bars.  Kellogg has yet to respond but will be able to draw from the motion to dismiss it filed earlier this year in response to an analogous Sheehan & Associates complaint concerning Strawberry Pop Tarts filed in New York District Court in the fall of 2020.