Beacon, New York resident Elizabeth Russett filed a $5 million lawsuit against Kellogg's because, she claims, the whole grain frosted strawberry Pop-Tarts she bought didn't contain enough actual strawberries.
According to the Poughkeepsie Journal, unlike two prior suits regarding strawberry Pop-Tarts represented by the same attorney, Russett "is specifically suing over the whole grain variety, with the suit noting 'consumers seek snacks which are a healthy indulgence.'"
It's a proposed class action suit that so far includes three other plaintiffs.
"While we don't comment on pending litigation, we can tell you the ingredients in and labeling of all of our Pop-Tart products fully comply with all legal requirements," Kellogg's told ABC News:
Despite its name, the Whole Grain Frosted Strawberry Pop-Tarts' box states the pastries have less than 2% of pears, apples and strawberries with dried pears and dried apples listed before dried strawberries. The product is described on the company's website as having "sweet frosting decorated with rainbow sprinkles and filled with strawberry-flavored goodness."
"The Product's common or usual name of ' Whole Grain Frosted Strawberry Toaster Pastries,' is false, deceptive, and misleading, because it contains mostly non-strawberry fruit ingredients," Russett's lawsuit says.
