A new lawsuit accuses Kellogg's of not putting enough strawberries into its iconic toaster pastries.
A class-action lawsuit filed in the Southern District of New York on Oct. 19 alleges that Kellogg's, the maker of Pop-Tarts, deceives customers into thinking there is a more substantial amount of strawberries in a strawberry Pop-Tart than is truly present.
"The Product's common or usual name of "Whole Grain Frosted Strawberry Toaster Pastries" is false, deceptive, and misleading," the lawsuit alleges. "Because it contains mostly non-strawberry fruit ingredients."
The plaintiff, Elizabeth Russett of Dutchess County in New York, has demanded a jury trial and $5 million in compensation under the Class Action Fairness Act.
Her lawsuit is one of several that her lawyer, Spencer Sheehan of Sheehan & Associates, has filed concerning strawberry Pop-Tarts.
Sheehan & Associates has now filed three lawsuits in three different states accusing Kellogg's of misleading consumers about the fruit content of strawberry Pop-Tarts. The firm has frequently filed lawsuits against major food companies. Law Street Media found that Sheehan's firm filed two to three fraud suits per week during the first half of 2021. Sheehan & Associates has also filed the highest number of food-related fraud lawsuits in the last two years.
Union employees at the Kellogg's factory in Omaha, Nebraska, are approaching their fourth week on the picket lines after going on strike for better working conditions. The breakfast food company is expected to resume negotiations with picketers early next week.
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Original Author: Christopher Hutton
Original Location: Woman sues Kellogg's over lack of actual strawberries in Pop-Tarts