The go well with claims the Pop-Tarts have an inadequate quantity of strawberries.
A woman from New York is suing The Kellogg Company for $5 million as a result of she says the corporate’s Frosted Strawberry Pop-Tarts product does not have sufficient strawberries in its filling.
Elizabeth Russett filed a class-action lawsuit on Oct. 19 with lawyer Spencer Sheehan towards Kellogg’s for falsely promoting the contents of its pastry.
“The strawberry representations are deceptive as a result of the Product has much less strawberries than customers anticipate based mostly on the labeling,” the lawsuit says.
“The quantity of strawberry substances is inadequate not merely to supply the nutrient advantages of strawberries however to supply a strawberry style.”
The lawsuit asks for $5 million in damages beneath the Class Action Fairness Act and a jury trial, claiming that clients would not have bought the treats repeatedly had they recognized it had fewer strawberries than anticipated. Russett is joined by three different plaintiffs — Illinois’ Stacy Chiappetta and Anita Harris and New York’s Kelvin Brown — who’re additionally represented by Sheehan.
Despite its title, the Whole Grain Frosted Strawberry Pop-Tarts’ field states the pastries have lower than 2% of pears, apples and strawberries with dried pears and dried apples listed earlier than dried strawberries. The product is described on the corporate’s website as having “candy frosting adorned with rainbow sprinkles and crammed with strawberry-flavored goodness.”
“The Product’s widespread or ordinary title of ‘ Whole Grain Frosted Strawberry Toaster Pastries,’ is fake, misleading, and deceptive, as a result of it accommodates principally non-strawberry fruit substances,” Russett’s lawsuit says.
The plaintiff additionally takes subject with the absence of knowledge concerning synthetic flavoring and added coloring on the entrance label and marketing supplies.
Kellogg’s stated in an announcement to ABC News: “While we don’t touch upon pending litigation, we are able to inform you the substances in and labeling of all of our Pop-Tart merchandise totally adjust to all legal necessities.”