The lawsuit against Kellogg's claimed that the presence of the picture of a strawberry on the box is misleading. The claim also applied to Apple and Pear Pop-Tarts, so consumers beware.
The lawsuit was filed by Kelvin Brown who claimed that the Pop-Tart packaging was...
"misleading because the label gives consumers the impression the fruit filling only contains strawberries as its fruit ingredient."
Obviously Brown has never read a nutrition label. Or made anything containing fruit filling. Or possibly ever read a recipe. Or maybe he just can't read at all, in which case the picture of a strawberry could possibly be misconstrued. Unless you've actually eaten a Pop-Tart. Then there's really no excuse.
The lawyer representing the case was Spencer Sheehan, who is presumably the world's most opportunistic lawyer, having filed more than 400 LAWSUITS related to misleading advertising.
"I guess I've always been the type who would become annoyed [and] never liked it when companies cheated people for small amounts it would be difficult to recoup,"
But the judge dismissed the lawsuit in this case because people aren't that dumb.
Ok some people are, but we're speaking generally here.
Judge Carter wrote in his ruling:
"No reasonable consumer would see the entire product label, reading the words 'Frosted Strawberry Pop-Tarts' next to a picture of a toaster pastry coated in frosting, and reasonably expect that fresh strawberries would be the sole ingredient in the Product."
Honestly, I'm just glad to read a sensible ruling from a federal judge. Besides, who even eats strawberry Pop-Tarts? If you aren't eating Brown Sugar Cinnamon, you're doing it wrong.
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