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A federal decide in Manhattan has dismissed a proposed class-action lawsuit accusing Kellogg of utilizing deceptive labeling to magnify the quantity of strawberries in its Frosted Strawberry Pop-Tarts.
In a Thursday evening determination, US District Judge Andrew Carter mentioned cheap buyers wouldn’t count on strawberries to be the primary ingredient in a “pre-packaged, processed sugary treat called Frosted Strawberry Pop-Tarts.”
The decide mentioned Kellogg’s labeling described Pop-Tarts’ taste as an alternative of the supply of that taste, and buyers like plaintiff Kelvin Brown of Bronx, NY, may examine the ingredient listing 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 quick touch upon Friday. Kellogg and its legal professionals didn’t instantly reply to requests for remark.
Last month, a federal decide in Chicago dismissed an analogous lawsuit over unfrosted Strawberry Pop-Tarts, saying Kellogg didn’t assure what number of strawberries it will use.
The Battle Creek, Mich.-based firm can be being sued over its Whole Grain Frosted Strawberry and Frosted Chocolate Fudge Pop-Tarts.
Lawsuits over false labeling are widespread, and plenty of are unsuccessful.
On Wednesday, US District Judge Jed Rakoff in Manhattan dismissed a lawsuit accusing Mondelez International of deceiving purchasers of “Stoned Wheat Thins” into considering the snack cracker contained stone-ground complete wheat flour.
The case is Brown v Kellogg Sales Co, US District Court, Southern District of New York, No. 20-07283.
