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A man is suing Kellogg's, alleging there isn't enough strawberry in a Strawberry Pop-Tart

Oct 26, 2021, 20:58 IST
Insider
Kellogg's Pop tarts Geri Lavrov/Contributor/Getty Images
  • Kellogg's has faced multiple lawsuits in the past year about its strawberry Pop-Tart.
  • The lawsuits allege there's not enough strawberry in the fruit-flavored snack.
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Food manufacturing giant Kellogg's is facing yet another lawsuit alleging that there isn't enough strawberry in the strawberry Pop-Tart.

A lawsuit filed in the Southern District of New York last week focuses on the brand's "Whole Grain Frosted Strawberry," alleging that the Pop-Tart has more apple and pear inside than it does strawberries, according to court documents.

Spencer Sheehan, a New York-based lawyer, has filed two other lawsuits about the strawberry Pop-Tart. He told the Wall Street Journal he's trying to pressure Kellogg's to rebrand the popular snack.

"Nobody's saying that you expected to get everything from a strawberry. You're not eating a fresh strawberry, obviously," Mr. Sheehan told the Journal.

He added, "if you're going to call it strawberry, you either ought to have all strawberries in there or just call it something else."

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Sheehan did provide Kellogg's with a possible fix for its strawberry Pop-Tart branding to make it more accurate: "Whole Grain Frosted Strawberry Toaster Pastries - 80% Non-Strawberry, 20% Strawberry."

The attorney also pointed to other Pop-Tart competitors with strawberry flavors, each of which contained the label "naturally & artificially flavored" - a delineation he claims is more truthful than Kellogg's practices.

In his most recent strawberry Pop-Tart lawsuit, Sheehan requests monetary damages for his client, attorney fees, and an injunction from the court to force Kellogg's to change its packaging. He also asks for the lawsuit to turn into a class-action suit.

Kellogg's did not immediately respond to a request from Insider for comment.

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