Judge Tosses NYC Customer Lawsuit Complaining About Number of Strawberries in Pop-Tarts – NBC New York

A federal judge has tossed a proposed class action lawsuit against Kellogg’s after a customer from the Bronx complained that the company misled customers about the amount of strawberries in its frosted strawberry Pop-Tarts.

The judge’s straight forward message: read the label!

US District Judge Andrew Carter said any reasonable shopper shouldn’t expect strawberries to be a main ingredient in the “pre-packaged sugary treat.”

“No reasonable consumer would see the entire product label, reading the words ‘Frosted Strawberry Pop-Tarts’ next to a picture of a toaster pastry coated in frosting, and reasonably expect that fresh strawberries would be the sole ingredient in the Product,” Carter wrote.

He also said that the labeling, including the word “frosted,” describes a flavor, not a source of that flavor, and that the customer did not sufficiently prove that the box is misleading.

The lawsuit alleged that the box, which contains an image of a strawberry in front of the toaster pastry, gives “the impression the fruit filling contains more strawberries than it does. The lawsuit also claimed that the label leaves out pears and apples,” even though these fruits are stated elsewhere on the label — in he small print in the ingredient list.”

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