Poll of the Day > NY Woman Sues Kellogs for 5 MILLION for MISLEADING POPTARTS!! You be the Judge!

(+) Yeah! (+)

A 5 MILLION dollar class action lawsuit was launched against Kellog's of MISLEADING customers about the fruit content in their frostted strawberry Pop-Tarts claiming they contain few actual strawberries!!

Elizabeth Russett from NY accuses the food giant of padding out strawberry Pop-Tart filling with cheaper pears and apples and demands 5 million smackers and force Kellogs to change its misleading labels

A spokesperson declined to comment to Dailymail when asked for comment.

It's not the first time they were sued as a separate lawsuit in August said their strawberry pop tarts are misleading because they give consumers the impression the fruit filling contains a greater relative and absolute amount of strawberries than it does

Anita Harris filed the lawsuit in Illinois pointing out the list of ingredients on the highly processed breakfast food reveals they contain less than 2% strawberries along with pears and apples as they say strawberries offer health benefits that are more expensive than apples and pears and demand they add more in it

It also claims it has even more non strawberry fruit than actual strawberries and the use of red 40 food dye to further mislead consumers and say they exclusively promote strawberries and are duped into believing they are eating the fruit

What say you? Should Kellogs pay up or are these people filing a frivalous suit?

https://i.imgur.com/2AhcOTn.jpg
https://i.imgur.com/lZYyp9G.jpg
https://i.imgur.com/is3NTAS.jpg
https://i.imgur.com/O0OxGGK.jpg
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Nothing about it makes you think it has any strawberries in it. Simply that it tastes like strawberries.

It contains 2% or less of the fruit... that means, if Kelloggs wins, they could technically advertise these as "Frosted Corn" and not be wrong

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BlackScythe0 posted...

Nothing about it makes you think it has any strawberries in it. Simply that it tastes like strawberries.

Besides that giant strawberry right in the box. Then again the ingredients are right on the box to sooo...

Probably a frivolous law suit, but if they pad the filling with other stuff they should probably label it strawberry flavored.

hungrymike posted...

Besides that giant strawberry right in the box. Then again the ingredients are right on the box to sooo...

Probably a frivolous law suit, but if they pad the filling with other stuff they should probably label it strawberry flavored.

I don't know what their chances are, I just know as a kid I never thought there was actual fruit in it.

I'm legit rooting for the giant corporation on this one and hope they counter-sue her for their legal fees.

I'm not sure how you can look at a poptart and think it has any actual food in it, and I love poptarts (at least some flavors)

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...there's real fruit in poptarts?

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streamofthesky posted...

I'm legit rooting for the giant corporation on this one and hope they counter-sue her for their legal fees.

Actually, depending on the blend used she might be in the right that they don't even count as strawberry "flavoured"... there has to be a certain percentage of flavonoids under law

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They never have as much filling as shown on the front of the box. I would call it misleading advertising for that alone.

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SKARDAVNELNATE posted...

They never have as much filling as shown on the front of the box. I would call it misleading advertising for that alone.

I think they chopped a bit more off the frosting end to show more filling and they can always manipulate the filling to show more.

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I'd like to know where they came up with the $5m. Did they buy $5m in Pop-Tarsts?

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SKARDAVNELNATE posted...

They never have as much filling as shown on the front of the box. I would call it misleading advertising for that alone.

If that's the case then literally every package of food and every restaurant that has ever existed would have "misleading advertising" lol

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Zeus posted...

I'd like to know where they came up with the $5m. Did they buy $5m in Pop-Tarsts?

It's a class action filing the result would be split between the "class" it's why almost everyone in the country is eligible for 5 bucks or something from lawsuits they know nothing about.

Muscles posted...

I'm not sure how you can look at a poptart and think it has any actual food in it, and I love poptarts (at least some flavors)

helIy posted...

...there's real fruit in poptarts?

These. I'm legitimately surprised strawberries even make it to 2%. If you're eating poptarts in an effort to access the health benefits of strawberries (which are pretty much just vitamin C and fibre, so nothing tremendously unique), I think you might be doing it wrong.

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Lol at thinking poptarts are a wholesome snack.

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I do find it a bit funny when the complaint is that they are padding out pop tart filling with cheaper peaches & pears when I was under the impression that the pop tarts filling is pretty much completely synthetic. It is a miracle anything from nature goes into one of these

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The second pic is the strawberry milkshake Pop Tarts.

Anyway she should lose this one. Everybody knows most of these have flour and sugar as the main ingredients.
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adjl posted...

These. I'm legitimately surprised strawberries even make it to 2%. If you're eating poptarts in an effort to access the health benefits of strawberries (which are pretty much just vitamin C and fibre, so nothing tremendously unique), I think you might be doing it wrong.

DragonClaw01 posted...

I do find it a bit funny when the complaint is that they are padding out pop tart filling with cheaper peaches & pears when I was under the impression that the pop tarts filling is pretty much completely synthetic. It is a miracle anything from nature goes into one of these

These. Which is why I'm against her and her ridiculous lawsuit.
If you're eating pop tarts, you know what you're doing. They're about as artificial as you can get and the up to 2% real fruit (pleasantly) surprised me as well.

If you don't care about eating nutritious or natural food and just like cheap crap that stores long/easily and is loaded w/ yummy sugar, then it's a free country, enjoy.
But fuck all the way off w/ this fake outrage for a payout like you've been duped.

Ah, good old class action lawsuit. If Kellogs pays up, everybody who was wronged will get $5.68 deposited in their checking account. Awesome!

argonautweakend posted...

Ah, good old class action lawsuit. If Kellogs pays up, everybody who was wronged will get $5.68 deposited in their checking account. Awesome!

It's even more ridiculous since most people wouldn't be able to prove they bought it since receipts are usually just thrown away.
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InfernalFive posted...

If that's the case then literally every package of food and every restaurant that has ever existed would have "misleading advertising" lol

Yes, and I think it's about time that it stop.

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I remember the only class action lawsuit I ever signed on to.
It was for the yahoo data breach. Figured I was a victim either way, may as well claim my $100.

...I never got my $100 (or anything)..

:(

SKARDAVNELNATE posted...

Yes, and I think it's about time that it stop.

Good luck with that class action.
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argonautweakend posted...

Ah, good old class action lawsuit. If Kellogs pays up, everybody who was wronged will get $5.68 deposited in their checking account. Awesome!

If that. Given how many different people have likely bought strawberry poptarts at some point, I'd be very surprised if dividing up $5 million results in more than a dollar for any of them, even before taking into account the lawyers' cut.

SKARDAVNELNATE posted...

Yes, and I think it's about time that it stop.

It needs to have certain limits placed on it, definitely, but it's unrealistic to expect food to always look like the pictures. Food just isn't that consistent, plus photographing food requires a whole bunch of tricks to get an appetizing picture (like using white glue instead of milk for cereal because milk would curdle under camera lights). Heck, even just photographing it in better lighting than what you're seeing it under when you eat it can create an apparent difference. You're never going to get a perfect representation of the product in promotional images.

Now, is there room to improve? Probably. Just don't expect it to get all that much better even if a large push for that does happen.

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Full Throttle posted...

Elizabeth Russett from NY accuses the food giant of padding out strawberry Pop-Tart filling with cheaper pears and apples

Which is why for many fruit flavoured things, nowadays apple is added to the flavour in slightly smaller letters on the front.

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I'm going to buy a whole pallet of poptarts to support Kelloggs.

BEERandWEED posted...

I'm going to buy a whole pallet of poptarts to support Kelloggs.

That would cost like $1000 if not more.
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If this ends up changing the flavor and ruining strawberry poptarts can we vote to banish her?

jiffdiff posted...

If this ends up changing the flavor and ruining strawberry poptarts can we vote to banish her?

Yea, because I'm pretty sure the natural response to this title is to go "Strawberry poptarts had strawberries in it?"

BlackScythe0 posted...

Yea, because I'm pretty sure the natural response to this title is to go "Strawberry poptarts had strawberries in it?"

It is though.
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Stop misleading Pop Tarts. They deserve honesty.

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Im more upset that a few weeks ago, our Safeway was advertising Pumpkin Pop-Tarts and never got any in stock. That was my chance to find something pumpkin spice that I could actually not cringe when I saw it.

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Fierce_Deity_08 posted...

Im more upset that a few weeks ago, our Safeway was advertising Pumpkin Pop-Tarts and never got any in stock. That was my chance to find something pumpkin spice that I could actually not cringe when I saw it.

Go to a Walmart instead. I saw a whole holiday shelf with them taking a large portion of it. They're ok to try once or twice but they're not that good. The sugar cookie ones are definitely worth a multiple buy if they come back during December.
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If the box says how much strawberry is in it, then it told the truth, right?
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If anyone at this point thinks that Pop-Tarts are not almost entirely sugar, then they don't deserve a dime.

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Revelation34 posted...

Go to a Walmart instead. I saw a whole holiday shelf with them taking a large portion of it. They're ok to try once or twice but they're not that good. The sugar cookie ones are definitely worth a multiple buy if they come back during December.

Our nearest Walmart doesnt really stock the shelves very well, even before supply shortages. I can barely find anything there. Its not a really big one with a lot of food choices like others Ive seen.

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Fierce_Deity_08 posted...

Our nearest Walmart doesnt really stock the shelves very well, even before supply shortages. I can barely find anything there. Its not a really big one with a lot of food choices like others Ive seen.

It depends on the area I guess. There was practically nothing here when they first released the pumpkin pop tarts.
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like how much do you sue for arent the boxes like 2 dollars

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Don't buy them! Real simple!

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BUMPED2002 posted...

Don't buy them! Real simple!

I never buy the strawberry ones anyway. Too boring.
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BUMPED2002 posted...

Don't buy them! Real simple!

Yes, but strong, independent Karen is offended.

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I'd love to see the complaint to see the justification for $5m in damages to her

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Jen0125 posted...

I'd love to see the complaint to see the justification for $5m in damages to her

It's a class action suit, so presumably she's not looking for that much in personal damages.

Now, justifying $5m in overall damages when virtually nobody buys poptarts under the expectation of getting a significant amount of fruit, that might still be difficult.

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adjl posted...

It's a class action suit, so presumably she's not looking for that much in personal damages.

Now, justifying $5m in overall damages when virtually nobody buys poptarts under the expectation of getting a significant amount of fruit, that might still be difficult.

Oh okay that makes more sense for the settlement amount at least. It's still egregious. What damages are they trying to allege they sustained as a result of eating pop tarts with less fruit content than they expected?

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Jen0125 posted...

Oh okay that makes more sense for the settlement amount at least. It's still egregious. What damages are they trying to allege they sustained as a result of eating pop tarts with less fruit content than they expected?

In another topic, she was quoted as saying "I wouldn't have bought the poptarts if I'd known they had so few strawberries" (paraphrased), so presumably it's based on the assumption that many others have been similarly duped and feel the same way. In practice, I really don't believe her claim and the fact that she only knows better because the box says how much strawberry is in there means it's not exactly an ironclad case, but the basic concept seems to be "they advertised falsely and they should refund everyone that expected more strawberry."

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they don't advertise that there's even fruit in them

i should sue because i was led to believe i was not eating fruit
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adjl posted...

In another topic, she was quoted as saying "I wouldn't have bought the poptarts if I'd known they had so few strawberries" (paraphrased), so presumably it's based on the assumption that many others have been similarly duped and feel the same way. In practice, I really don't believe her claim and the fact that she only knows better because the box says how much strawberry is in there means it's not exactly an ironclad case, but the basic concept seems to be "they advertised falsely and they should refund everyone that expected more strawberry."

Well I'll be looking forward to my $3 settlement which is about the cost of a box of poptarts

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Jen0125 posted...

Well I'll be looking forward to my $3 settlement which is about the cost of a box of poptarts

$5 million split between everyone that's bought strawberry poptarts will be a whole lot less than $3 each, especially once the lawyers take their cut.

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https://clickamericana.com/wp-content/uploads/New-Fruit-Roll-Ups-Vintage-snacks-from-1980.jpg

I wonder if they all stopped packaging like this because they no longer contain fruit in them.
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