Kellogg comes out sweet in strawberry Pop-Tarts case
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Kellogg Co. has successfully fought off one of the lawsuits filed by the same attorney over its strawberry Pop-Tarts.
On Monday, the U.S. District Court in Chicago held that its packaging for its Unfrosted Strawberry Pop-Tarts is not deceptive.
Plaintiff Stacy Chiappetta claimed in her lawsuit that the Pop-Tarts’ packaging was deceptive because it showed a half of a strawberry and red fruit filling, which gives the misleading impression it contains only strawberries, when in fact it also contains dried pears, dried apples and an artificial food dye, Red 40, according to the ruling in Stacy Chiappetta v. Kellogg Sales Co.
The judge did not buy it. “The front of the Product packaging does not state or suggest anything about the amount of strawberries in the Product’s filling or guarantee that the filling contains only strawberries and Chiappetta concedes that the filling contains some strawberries,” he said, in dismissing the case.
Ms. Chiappetta’s attorney, Spencer Sheehan, of Sheehan & Associates P.C. in Great Neck, New York, said in a statement that while he has not read the decision, “I’ve surmised it says consumers aren’t misled by a product promoting itself as strawberry even when it contains mainly non-strawberry ingredients or contains non-strawberry fruits. I disagree with that interpretation.”
Kellogg’s attorney did not respond to a request for comment.
Among other Pop Tarts lawsuits, Mr. Sheehan also represents another client in a case filed in October. The class-action lawsuit filed in U.S. District court in White Plains, New York, in Elizabeth Russert et al. vs. Kellogg Sales Co., charges that the company’s strawberry whole-grain frosted Pop-Tarts contain more dried pears than they do dried strawberries.
That litigation continues.
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