NEW YORK (Legal Newsline) – A New York federal judge has tossed a proposed class action lawsuit that complained the strawberry filling in Pop-Tarts contains other fruits and dyed red to mislead customers.
A federal judge on Thursday dismissed a lawsuit alleging Kellogg’s used misleading labeling to exaggerate the amount of strawberry in its Frosted Strawberry Pop-Tarts. The toaster pastries are made with apples and pears in addition to strawberries.
The lawsuit was originally filed in September 2020 by Kelvin Brown, who argued that the strawberry Pop-Tarts box is "misleading" because the pastries also contain apples and pears in their filling.