A new class-action lawsuit against Kellogg’s has been filed in New York. Elizabeth Russett is leading the battle against the breakfast cereal maker. The suit says that the fruit filling in Kellogg’s Whole Grain Frosted Strawberry Toaster Pastries contains larger amounts of other fruits and small amounts of strawberries.
In an exclusive report TMZ said that it had obtained the lawsuit. The suit claimed that the Pop Tarts had more pears and apples than strawberries. It also claimed that the amount of berries was insufficient to provide its nutritional benefits or its unique berry taste.
Russett has asked for more than $5 million in damages as well as accurate labeling of the ingredients in Pop Tarts. She wants the misleading labels to be corrected as most consumers see strawberry in the label and think that it is what they are eating.
According to The Daily Mail, there was an earlier lawsuit filed against Kellogg’s in August. The federal class-action suit was filed by Anita Harris in Illinois and also represented plaintiffs who were from Iowa and Arkansas.
The suit pointed outs that the ingredients list says that they contain less than 2 percent of strawberries as well as pears and apples. The suit points out that strawberries are popular as they have extra health benefits when compared with apples and pears, but are more expensive. The name “Frosted Strawberry Toaster Pastries” was therefore “false, misleading and deceptive” as there were significant amounts of non strawberry fruits ingredients such as apples and pears.
It said that a scientific analysis of Kellogg’s Pop Tart filling indicated that it was more likely to contain large amounts of non-strawberry fruit when compared with actual strawberries. It also said that the use of red 40 food dye was also misleading.
The lawsuit also mentioned that competitor brands such as Walmart and Dollar General clearly stated n their labels that their products were “naturally and artificially flavored” while Kellogg’s mentioned only strawberry in its label, thereby misleading consumers.
Both TMZ and The Daily Mail asked Kellogg’s for comment. The cereal giant replied that they don’t comment on pending litigation.