New York judge dismisses Kellogg's Frosted Strawberry Pop-Tarts lawsuit
The judge said Kellogg's labeling described Pop-Tarts' flavor instead of the source of that flavor
Here are your FOX Business Flash top headlines for April 1.
A federal judge in Manhattan has dismissed a 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, U.S. 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.
DAIRY QUEEN ADDS LINES OF STACKBURGERS TO MENUS NATIONWIDE
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 its lawyers did not immediately respond to requests for comment.
CHICK-FIL-A REVEALS MORE DETAILS ON HAWAII LOCATIONS OPENING THIE YEAR
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.
A Kellogg Co. Pop-Tarts brand toaster pastry is arranged for a photograph in Tiskilwa, Illinois, U.S., 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, U.S. District Judge Jed Rakoff in Manhattan dismissed a lawsuit accusing Mondelez International Inc (MDLZ.O) of deceiving purchasers of "Stoned Wheat Thins" into thinking the snack cracker contained stone-ground whole wheat flour.
GET FOX BUSINESS ON THE GO BY CLICKING HERE
The case is Brown v Kellogg Sales Co, U.S. District Court, Southern District of New York, No. 20-07283.