A consumer has filed a putative class action alleging that Kellogg Sales Co. misleads consumers by marketing its Frosted Strawberry Pop-Tarts as containing only strawberries in its filling to the exclusion of any other fruit content. Brown v. Kellogg Sales Co., No. 20-7283 (S.D.N.Y., filed September 5, 2020). “Consumers do not expect a food labeled with the unqualified term ‘Strawberry’ to contain fruit filling ingredients other than strawberry, and certainly do not expect pears and apples, as indicated on the back of the box ingredient list,” the complaint asserts. “Contrary to the legal requirements to prevent consumer deception, the Product’s name—’Frosted Strawberry’—fails to disclose the percentage of the characterizing ingredient of strawberries in the Product.” For allegations of negligent misrepresentation, fraud, unjust enrichment and violations of New York’s consumer-protection statutes, the plaintiff seeks class certification, preliminary and permanent injunctions, damages, costs and attorney’s fees.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.