New York judge dismisses Kellogg’s Frosted Strawberry Pop-Tarts lawsuit

A federal judge in Manhattan has dismissed a proposed class-action lawsuit accusing Kellogg Co of utilizing deceptive labeling to magnify the quantity of strawberries in its Frosted Strawberry Pop-Tarts.

In a Thursday evening determination, U.S. District Judge Andrew Carter stated cheap buyers wouldn’t count on strawberries to be the principle ingredient in a “pre-packaged, processed sugary treat called Frosted Strawberry Pop-Tarts.”

The judge stated Kellogg’s labeling described Pop-Tarts’ taste as an alternative of the supply of that taste, and buyers like plaintiff Kelvin Brown of Bronx, New York, may examine the ingredient checklist to resolve any confusion.

Carter additionally rejected the concept Pop-Tarts patrons missed out on the well being advantages of strawberries.

“A reasonable consumer is unlikely to purchase a toaster pastry coated in frosting exclusively for the nutritional value of strawberries in its fruit filling,” he wrote.

A lawyer for Brown had no rapid touch upon Friday. Kellogg and its attorneys didn’t instantly reply to requests for remark.

Final month, a federal judge in Chicago dismissed an identical lawsuit over unfrosted Strawberry Pop-Tarts, saying Kellogg didn’t assure what number of strawberries it could use.

The Battle Creek, Michigan-based firm can also be being sued over its Complete Grain Frosted Strawberry and Frosted Chocolate Fudge Pop-Tarts.

Lawsuits over false labeling are frequent, and lots of are unsuccessful.

On Wednesday, U.S. District Judge Jed Rakoff in Manhattan dismissed a lawsuit accusing Mondelez Worldwide Inc of deceiving purchasers of “Stoned Wheat Thins” into pondering the snack cracker contained stone-ground complete wheat flour.

The case is Brown v Kellogg Gross sales Co, U.S. District Court docket, Southern District of New York, No. 20-07283.

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