NEW YORK (Legal Newsline) - A law firm that has made a cottage industry out of suing food companies over allegedly misleading labels has failed to make a plausible case that consumers might be fooled into thinking Strawberry Pop-Tarts contain nothing but strawberry filling, Kellogg Co. says in a motion to dismiss the potential class action.
New York attorney Spencer Sheehan of Sheehan & Associates sued Kellogg in New York federal court last September, claiming consumers wouldn’t know from glancing at the label that Strawberry Pop-Tarts contain pears and apples, as disclosed in the ingredients list on the package. He also claimed red dye only increased the confusion, leading consumers to believe Pop-Tarts are healthy snacks containing fresh strawberries.