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Lawsuit claiming Kellogg’s Strawberry Pop-Tarts have too few strawberries is dismissed -Breaking

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© Reuters. FILE PHOTO – A sign is hung outside Kellogg’s factory in Manchester, UK on March 7, 2016. REUTERS/Phil Noble

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Jonathan Stempel

(Reuters) – Kellogg(NYSE:) Co won dismissal in a lawsuit claiming that Strawberry Pop-Tarts are not high enough in strawberries.

U.S. District Judge Marvin Aspen of Chicago stated that no reasonable consumer would believe Kellogg’s packaging to indicate that it contained strawberries or more strawberries than any other ingredient, such as apples and pears.

Aspen stated in Tuesday’s decision that “the word ‘Strawberry’ together with the picture of half a strawberry, and Pop-Tart filled with oozing red, doesn’t guarantee there will be certain amounts of strawberries in product’s filling.”

Stacy Chiappetta (the plaintiff) claimed that Kellogg fraudulently packaged its Unfrosted Strawberry Pop-Tarts with misleading packaging. She said the product contains red food dye, making it “brighter” and “more appealing” to shoppers.

She claimed that the Battle Creek, Michigan-based business was violating both federal and state consumer protection law.

Spencer Sheehan, Spencer Sheehan’s attorney, said via email that “I expect many of these kinds of cases will be dismissed.” This does not necessarily mean that labeling isn’t misleading.

Sheehan is a New Yorker who lives in Great Neck. Sheehan has brought at least three lawsuits against Kellogg in Illinois, New York and New Jersey over Frosted Strawberry Pop-Tarts, Whole Grain Frosted Strawberry Pop-Tarts, and Frosted Chocolate Fudge Pop-Tarts.

He stated that different courts might reach contradictory conclusions when they are based upon “almost identical” facts.

Kellogg’s lawyers and Kellogg did not respond immediately to requests for comment Wednesday.

False labeling is a common cause of litigation.

Perkins Coie, a law firm which protects companies from such claims, reported that in 2021 325 proposals for class actions were filed against the food and drink industry. That’s up from 221 the previous year, making it the fourth consecutive increase.

Chiappetta against Kellogg Sales Co. U.S. District Court Northern District of Illinois, No. 21-03545.

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