![]() Ivan Wasserman, a managing partner at Amin Talati Wasserman, who represents consumer products, agreed. The plaintiff, Elizabeth Russett of New York, claimed she would have not bought the strawberry Pop-Tarts - or would have only been willing to pay less than what she did - had she known the truth. “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. “The claims asserted in these cases strike me as so weak that the courts confronting them may dismiss them as implausible,” said Adam Fox, a partner at Squire Patton Boggs. ![]() Under Food and Drug Administration regulations, products must not be labelled in a false or misleading way.īut some legal experts who represent food and beverage companies in advertising and regulatory litigation don’t think the strawberry Pop-Tarts are mislabelled. “Words have to have some meaning.” ‘A difficult road to hoe’įood-maker Kellogg’s told NBC News it does not comment on pending litigation. “Consumers deserve to know that when they see something labelled as ‘strawberry,’ it mainly contains strawberry,” Sheehan said. He said Kellogg’s could add a similar disclaimer to its strawberry Pop-Tarts, such as marking it as “mixed fruit” on the label or by including the percentage of each fruit. ![]() ![]() That’s acceptable because those front labels are marked “Naturally and Artificially Flavoured,” Sheehan said. The company’s ‘Whole Grain Frosted Blueberry Pop-Tarts’ are also made with other fruits besides its namesake ingredient, in this case apples and grapes. ![]()
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