The suit, which explicitly names the company’s Whole Grain Frosted Strawberry Toaster Pastries, was issued by Elizabeth Russett, and alleges that there the products actually contain more apples and pears than they do strawberries.
“The product’s common or usual name of ‘Frosted-Strawberry Toaster Pastries’ is false, misleading, and deceptive because its filling contains a relatively significant amount of non-strawberry fruit ingredients — pears and apples,” the suit reads, calling strawberries at one point “the most popular berry fruit in the world.”
Russett is seeking $5 million in damages, which she believes are deserved because the pastries don’t have the nutritional benefits they would if they contained the proper amount of strawberries.
“Many consumers seek snacks which are a ‘healthy indulgence,’ which is a ‘a treat with all the flavor and taste desired, without the guilt of eating something ‘bad’ for you,’ due to the presence of ingredients known to confer positive health benefits,” says the Kashi bar class action lawsuit,” the suit read.
It also details the health benefits of strawberries in particular, adding that they’re a higher quality fruit than pears and apples.
“Whether a toaster pastry contains only strawberries or merely some strawberries and a significant amount of other, less valued fruit ingredients, is basic front label information consumers rely on when making quick decisions at the grocery store,” it reads. “Strawberries are the Product’s characterizing ingredient, since their amount has a material bearing on price or consumer acceptance, and consumers believe they are present in an amount greater than is the case.”
Attorney Andell Brown mentioned on Fox News that Pop-Tart consumers usually understand that the pastries don’t have many health benefits, but attorney Sarah Gounder noted that the Pop-Tart’s box does provide a disclaimer in small print that says it contains apples and pears, which could be trouble for someone with an allergy to those fruits that can’t read it.
Russett is also asking that Pop-Tarts be labeled more accurately in the future.
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