$5M Lawsuit Claims Pop-Tarts Don't Have Enough Strawberries

ILLINOIS — A southern Illinois woman is suing Kellogg's over what she claims is a lack of real strawberries in the company's strawberry-flavored Pop-Tarts.

The class-action lawsuit was filed by Illinoisan Anita Harris in the Southern District and argues the company is misleading consumers by using the breakfast pastry's labels and marketing photography to show "a greater relative and absolute amount of strawberries than it does," according to documents filed by Harris. The suit is seeking at least $5 million.

According to a company statement, the "Frosted Strawberry Toaster Pastries" product contains 2 percent or less of dried strawberries, pears and apples. The product also contains red 40, a commercial food dye.

Harris cited an increase in snacking amongst Americans as a reason for Kellogg's to include more real fruit. According to court records, the woman said real fruit ingredients should make up for what "people don't get enough of at meals."

The lawsuit also accuses the company of using strawberry's status as "the most popular berry fruit in the world" to sell more pastries, despite the flavor being overwhelmed by pears and apples.

Harris said if she had known the truth, she would not have bought the Pop-Tarts and instead turned to a competitor that admits the product is artificially flavored on its front label.

"Whether a toaster pastry contains only strawberries or merely some strawberries ... is basic front label information consumers rely on when making quick decisions at the grocery store," the lawsuit reads. "Strawberries are the Product’s characterizing ingredient ... (consumers) believe they are present in an amount greater than is the case."

The lawsuit accuses Kellogg's of violating the Illinois Consumer Fraud of Deceptive Business Practices Act, which does not allow for misrepresentation or concealment of any ingredients or materials.