EAST ST. LOUIS, Ill. - A judge has dismissed a lawsuit against Kellogg’s after a woman sued for the lack of berries in the company’s strawberry-flavored Pop-Tarts.
In a court ruling Friday, the Honorable Andrew L. Carter, Jr. said Kellogg’s strawberry representations "are simply not deceptive."
The lawsuit was filed in late August by Anita Harris in the U.S. District Court Southern District of Illinois East St. Louis Division against Kellogg Sales Company.
In the complaint, Harris claimed that Kellogg’s company leaders "give consumers the impression the fruit filling contains a greater relative and absolute amount of strawberries than it does."
Harris pointed out more Americans are eating strawberries because it’s "one of the highest levels of nutrient density of all fruits" and "‘an excellent source of vitamin C,’ necessary for immune and skin health."
However, according to court documents, she claimed the company has engaged in false advertising.
For example, she said the product is commonly referred to as "Frosted Strawberry – Toaster Pastries" but "its filling contains a relatively significant amount of nonstrawberry fruit ingredients – pears and apples – shown on the ingredient list."
"The Product’s name, "Frosted Strawberry – Toaster Pastry," is misleading because it includes "Strawberry," but does not include pears and apples, even though these fruits are stated in the fine print on the ingredient list," court documents said.
She also accused Kellogg’s of using Red 40, an artificial color dye, to make the food appear that it has an ample amount of strawberries.
"The Product does not reveal the addition of this artificial coloring anywhere other than the ingredient list," court documents further stated.
"Reasonable consumers must and do rely on a company to honestly identify and describe the components, attributes, and features of the Product," Harris added.
FOX Television Stations has reached out to Kellogg’s for a comment.
This story was reported from Los Angeles.