NEW YORK (1010 WINS) — A Bronx man's attempted class action lawsuit against Kellogg's about misleading information in the amount of strawberries advertised on frosted strawberry Pop-Tarts boxes was denied by a Manhattan federal judge Thursday.
The judge’s takeaway message for consumers was simply to read the label.
Kelvin Brown's lawsuit alleged Kellogg's gave "the impression the fruit filling contains more strawberries than it does."
According to U.S. District Judge Andrew Carter, reasonable shoppers shouldn’t expect the main ingredient of a “pre-packaged sugary treat” to actually be strawberries.
"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," Carter wrote.
The judge added that the words used on the label, which include “frosted,” indicate a flavor as opposed to the source of a flavor.
The label, according to the lawsuit, also does not mention pears and apples despite the fruits being listed elsewhere on the box in the ingredient list.
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