Kellogg's sued for £4m because PopTarts ‘don’t contain enough strawberries’
Angry Elizabeth Russett says Kelloggs' Whole Grain Frosted Strawberry Pop-Tarts actually contain more pears and apples than strawberries - and she wants $5 million in compensation
Livid Elizabeth Russett says she wouldn't have made the purchase if she knew the truth - and wants nearly £4million in compensation.The woman, from New York, US, is alleging the company's Whole Grain Frosted Strawberry Pop-Tarts are deceiving consumers.
The legal papers show that she claims they fail to warn people that strawberries are not its only fruit-filling ingredient.She is suing for $5 million - and her claim centres around the fact the treats actually contain more pears and apples. “Strawberries are the product’s characterising ingredient, since their amount has a material bearing on price and consumer acceptance, and consumers expect they are present in an amount greater than other fruits," the documents read.
"The product’s common or usual name of 'Whole Grain Frosted Strawberry Toaster Pastries,' is false, deceptive, and misleading."It contains mostly non-strawberry fruit ingredients, namely, cheaper pears and apples - a violation of state and federal consumer protection statutes." headtopics.com
Food-maker Kellogg say they do not comment on any legal matters.Spencer Sheehan, the lawyer representing her, says they are confident of success in court.“A reasonable consumer knows that this is a toaster pastry a quarter-inch thick," he said.
"We know we’re dealing with filling going into a pastry. Of that fruit filling, they should be able to expect that it’s mainly strawberry.“Consumers deserve to know that when they see something labeled as ‘strawberry,’ it mainly contains strawberry. Words have to have some meaning.”
Sign up to our newsletter to get the day's biggest news straight to your inbox The Mirror's newsletter brings you the latest news, exciting showbiz and TV stories, sport updates and essential political information.The newsletter is emailed out first thing every morning, at 12noon and every evening.
Never miss a moment by signing up to our newsletter here. Under US Food and Drug Administration regulations, products must not be labeled in a false or misleading way.Legal expert Adam Fox, a partner at Squire Patton Boggs, doubts the woman will be cashing in any time soon. headtopics.com
“The claims asserted in these cases strike me as so weak that the courts confronting them may dismiss them as implausible," he said.“The notion that any plaintiff was moved to buy the products because of their belief that the products contained more strawberries than they actually do is likely to run into the reality that many, many consumers like the products because of the trusted brand with which they are associated or even just the taste or texture of the product,” he said.
Read MoreRead more: Daily Mirror »
For the Jan. 6 Rioters, Justice Is Still Coming
The FBI's massive investigation of Jan. 6 rioters is delivering convictions—and resistance
They most likely don't contain any Strawberries.
Woman sues Kellogg for $5m arguing that Pop-Tarts doesn’t have enough strawberriesLawsuit alleges Pop-Tarts’ label and marketing are ‘false, misleading, and deceptive because its filling contains a relatively significant amount of non-strawberry fruit ingredients’ GTFOOH There’s real fruit in that shit? 5 Millones por pocas fresas? Kellogs se va con todo ....Pero si la fresa es transgenica y la publicidad del producto no esta en Poptarts .....Kellogs toma chocolate y paga lo que debes...No te salva ni Perry Mason....A llorar al rio... The US deserves the democrats...
Ruby Rose has alleged abusive working conditions while filming Batwoman: ‘I’m going to tell the whole world what really happened on that set’The studio has forcefully denied allegations from the star, who departed the series last year.
13 high street buys you’ll want to wear on repeat all winterYou'll want to wear these high street staples all winter long, trust us.
Sabina Nessa’s sister begs politicians to ‘step up’ and make streets safer‘We shouldn’t be going home early just because we don’t feel safe,’ says Jebina Yasmin Islam
Paris Fury opens up about decision to stay living in MorecambeEXCLUSIVE: Paris Fury has opened up about her family's decision to stay living in Morecambe despite being asked to move to Manchester and London after her husband Tyson's boxing success
We can’t get enough of Jade Thirlwall’s Skittles manicureNo doubt this trend will be everywhere this season