Kellogg's slapped with $5M lawsuit over Pop-Tarts' strawberry filling

$5 million class-action lawsuit was filed over alleged lack of the berry

One Illinois woman says she didn't get what she paid for when she purchased strawberry-flavored Pop-Tarts and is one of the plaintiffs in a $5 million class-action lawsuit as a result.

The lawsuit, filed in late August by Anita Harris in the U.S. District Court Southern District of Illinois East St. Louis Division against Kellogg Sales Company, argues that the Kellogg Sales Company is misleading consumers by 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."

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Harris pointed out that more Americans are eating strawberries because of "one of the highest levels of nutrient density of all fruits" and "‘an excellent source of vitamin C,’ necessary for immune and skin health."

TMZ obtained the lawsuit and reports it alleges the Pop-Tarts in question are actually heavier on pears and apples than strawberries, which is not enough to provide the berry's nutritional benefits, let alone a strawberry taste.

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The company’s "Frosted Strawberry Toaster Pastries" contain 2% or less of "dried strawberries, dried pears, dried apples" and "red 40," according to its nutrition label.

"The Product does not reveal the addition of this artificial coloring anywhere other than the ingredient list," court documents further stated.

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"Reasonable consumers must and do rely on a company to honestly identify and describe the components, attributes, and features of the Product," Harris added. 

"Kellogg does not comment on pending litigation," the company said in a statement to FOX Television Stations Saturday.