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Kellog’s Faces Lawsuit for Not Having Enough Strawberries in Pop Tarts

A Lawsuit was filed against Kellog’s in August for not adding enough strawberries in strawberry-flavored Pop-Tarts. A class-action Lawsuit, filed by Anita Harris in the Southern District of Illinois, argues that the Kellogg Sales Company is misleading consumers.

The company is promoting the breakfast pastry’s strawberry filling in its labels and marketing, giving an impression that the fruit filling contains a greater relative and absolute amount of strawberries than it does. The company’s Frosted Strawberry Toaster Pastries contain 2% or less of dried strawberries, dried pears, dried apples and red 40.

Harris said that the Pop-Tarts cannot provide a true strawberry taste since it is dominated by significant amounts of pears and apples. Harris also added that the red food coloring gives consumers the false impression that the pastries contain more strawberries.The Lawsuit compares Kellog’s product to similar toaster pastries from other brands like Walmart’s Great Value and Dollar Tree’s Clover Valley. The competitors also offer “frosted strawberry” pastries but note that they are “Naturally & Artificially Flavored,” according to the Lawsuit. Kellog’s did not immediately respond to a request for comment.

The Lawsuit goes on to cite the Illinois Consumer Fraud and Deceptive Business Practices Act, which says deceptive acts such as “false pretense, false promise, misrepresentation or the concealment, suppression or omission of any material fact” is unlawful.

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