On August 21, 2021, class claims were filed in the Southern District of Illinois East St. Louis Division against food giant Kellogg Sales Company alleging that the company actively misleads consumers as to the true nature of the ingredients in the brand’s popular breakfast food Frosted Strawberry Pop-Tarts (“the Product”).
In the complaint named, plaintiff Anita Harris describes how on both the Product’s labeling and in promotional information on the company’s website, the defendant promotes the Product’s strawberry content, allegedly in an attempt to give consumers the impression that the Product’s fruit filling contains a greater relative and absolute amount of strawberries than it actually does. The plaintiff argues that the defendant is aware that many consumers view the easy-to-eat handheld product as convenient and is attempting to mislead consumers into regarding the Product as a healthy indulgence by emphasizing the strawberry ingredients.
The complaint goes on to argue that the Product’s name, “Frosted Strawberry,” is false, misleading and deceptive because the true ingredients in the Product’s filling is made up of a relatively significant amount of non-strawberry fruit ingredients, such as apples and pears. The plaintiff claims the Product’s filling gets its signature “strawberry red” color not from an abundance of actual strawberries, but rather from Red40 which is a common synthetic food coloring made from petroleum.
The plaintiff is seeking to represent an Illinois class made up of all persons in the State of Illinois who purchased the Product during the applicable statute of limitations and a consumer fraud multi-state class made up of all persons in the States of Iowa and Arkansas who purchased the Product during the applicable statute of limitations. The suit brings causes of action for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, violation of the State Consumer Fraud Acts on behalf of the Consumer Fraud multi-state class, breach of express warranty, implied warranty of merchantability and Magnuson Moss Warranty Act, negligent misrepresentation, fraud and unjust enrichment.
The case is: Harris v. Kellogg Sales Co., Case No.: 3:21-cv-01040, in the U.S. District Court for the Northern District of Illinois.
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