Jonathan Stempel

NEW YORK (Reuters) – An NYC federal judge dismissed a class-action lawsuit against Kellogg (NYSE ) Co. It was alleged that Kellogg used misleading labeling in an attempt to exaggerate how many strawberries were in Frosted Strawberry Pop-Tarts.

U.S. District Judge Andrew Carter ruled that reasonable consumers would not believe strawberries were the main ingredient of a frozen, sugary, pre-packaged treat known as Frosted Strawberry Pop-Tarts.

Kellogg labeling described Pop-Tarts flavor and not its source, according to the judge. Shoppers like Kelvin Brown from Bronx (New York) could also check the ingredient lists for any confusion.

Carter rejected Carter’s assertion that Pop-Tarts customers were missing out on the benefits of strawberries.

His words were: “A sensible consumer would be unlikely to buy a toaster pasty coated with frosting only for the nutritional values of strawberries in its filling.”

Brown’s lawyer did not respond to a request for comment immediately on Friday. Kellogg and its attorneys did not immediately reply to our requests for comment.

Chicago Federal Judge ruled last month that unfrosted Strawberry Pop-Tarts were not enough.

Battle Creek-based business is also facing legal action over Whole Grain Frosted Strawberry Pop-Tarts.

Many people lose in court to false labeling cases.

Jed Rakoff of Manhattan was the U.S. District Court Judge. He dismissed an accusation in a suit. Mondelez International Inc (NASDAQ) Of deceiving buyers of “Stoned Wheat Thins”, into believing the snack cracker contained stone ground whole wheat flour.

Brown v Kellogg Sales Co. U.S. District Court Southern District of New York. 20-07283.