In a Tuesday opinion, an Illinois court granted defendant Kellogg Sales Company’s motion to dismiss plaintiff Anita Harris’ complaint, which alleged that the labeling for Kellogg’s Strawberry Pop-Tarts is misleading.
The plaintiff claimed that the advertising for the Pop-Tarts is false, misleading, and deceptive because the filling contains fruits other than strawberry. Kellogg’s “Frosted Strawberry” Pop-Tart packaging only promotes the strawberry flavoring in name and with a strawberry graphic beside that name, the complaint says. But the product’s ingredients include dried strawberry as well as dried pears and dried apples.
The plaintiff claimed that the defendant violated the Illinois Consumer Fraud and Deceptive Businesses Practices Act.
The opinion states that the Pop-Tart packaging does not make a claim regarding the amount of strawberries within the pastry and that the plaintiff’s interpretation of the label is “unreasonable and not grounded in reality of how the public understands and reacts to product advertising.”
The plaintiff is represented by Sheehan & Associates P.C.
The defendant is represented by Jenner & Block.