New York judge dismisses Kellogg’s Frosted Strawberry Pop-Tarts lawsuit

A federal judge in Manhattan has dismissed the proposed class-action lawsuit accusing Kellogg Co. of using misleading labeling to exaggerate the amount of strawberries in its Frosted Strawberry Pop-Tarts.

In a Thursday night decision, US District Judge Andrew Carter said reasonable shoppers would not expect strawberries to be the main ingredient in a “pre-packaged, processed sugary treat called Frosted Strawberry Pop-Tarts.”

Boxes of Pop-Tarts sit for sale at the Metropolitan Citymarket in the East Village neighborhood of New York City. (Andrew Burton/Getty Images/Getty Images)

The judge said Kellogg’s labeling described Pop-Tarts’ flavor instead of the source of that flavor, and shoppers like plaintiff Kelvin Brown of Bronx, New York, could check the ingredient list to resolve any confusion.

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Carter also rejected the idea that Pop-Tarts buyers missed out on the health benefits 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.

Image of Kellogg’s strawberry Pop tarts. (Newscast/Universal Images Group via Getty Images/Getty Images)

A lawyer for Brown had no immediate comment on Friday. Kellogg and his lawyers did not immediately respond to requests for comment.

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Last month, a federal judge in Chicago dismissed a similar lawsuit over unfrosted Strawberry Pop-Tarts, saying Kellogg did not guarantee how many strawberries it would use.

The Battle Creek, Michigan-based company is also being sued over its Whole Grain Frosted Strawberry and Frosted Chocolate Fudge Pop-Tarts.

Kellogg Co. Pop-Tarts brand toaster pastry is arranged for a photograph in Tiskilwa, Illinois, US, on Wednesday, Feb. 8, 2017. (Daniel Acker/Bloomberg via Getty Images/Getty Images)

Lawsuits over false labeling are common, and many are unsuccessful.

On Wednesday, US District Judge Jed Rakoff in Manhattan dismissed a lawsuit accusing Mondelez International Inc (CDMZ.O) of deceiving purchasers of “Stoned Wheat Thins” into thinking the snack cracker contained stone-ground whole wheat flour.

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The case is Brown v Kellogg Sales Co, US District Court, Southern District of New York, No. 20-07283.

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