It says strawberry on the Pop-Tarts box, so you might expect the toaster pastries to be stuffed with strawberries.
However, the ingredients state that the processed breakfast food has 2% or less of “dried strawberries, dried pears, dried apples,” along with food coloring “red 40,” USA Today reported.
Anita Harris said that the company is misleading consumers when labeling its strawberry Pop-Tarts by giving shoppers the impression that the fruit filling has “a greater relative and absolute amount of strawberries than it does.”
The red food coloring, Harris claimed in the suit, gives a false impression that Pop-Tarts contain strawberries. Harris further claimed that Kellogg “cannot provide a true strawberry taste” since there are “significant amounts” of pears and apples in the filling mix.
The lawsuit also says that strawberry Pop-Tarts do not provide enough nutritional benefit of the berry, since strawberries have “one of the highest levels of nutrient density of all fruits” and “an excellent source of vitamin C,” Fox Business and TMZ reported.
Harris claims that if she had known the truth of what is in the filling, she would not have bought the product.
Harris is seeking damages in excess of $5 million, the “Today” show reported.
“Whether a toaster pastry contains only strawberries or merely some strawberries … is basic front label information consumers rely on when making quick decisions at the grocery store,” Harris’ lawsuit said, according to USA Today. “Strawberries are the Product’s characterizing ingredient … (consumers) believe they are present in the amount greater than is the case.”
Other companies offer similar products but the boxes say “Naturally & Artificially Flavored,” “Today” reported.
Kellogg’s told Fox Business that it does not comment on pending litigation.
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