Three putative class action lawsuits have been filed against Kellogg Co. in a California federal court alleging that the company misleads consumers by labeling its Super Mario Fruit Snacks® and Pop Tarts® as “Made with Real Fruit.” Spevak v. Kellogg Co., No. 13-2767, Barnes v. Kellogg Co., No. 13-2768, Ford v. Kellogg Co., No. 13-2770 (U.S. Dist. Ct., N.D. Cal., filed June 14, 2013). Each plaintiff is represented by Benjamin Lopatin in the Law Offices of Howard Rubinstein.
Plaintiff Alicia Spevak alleges that the “real fruit” claim is misleading because the fruit snack product “merely contains de minimis real fruit and unhealthy, unnatural ingredients, chemicals and preservative additives, in addition to merely containing apple puree rather than real fruit, which a reasonable consumer would not expect from a product claiming to be ‘Made with Real Fruit.’” Spevak seeks to represent a class of California product purchasers and alleges unfair, fraudulent and unlawful business practices; false and misleading advertising; and violation of the Consumers Legal Remedies Act. She seeks an order enjoining the defendant from making product claims in violation of California law; restitution; actual, statutory and punitive damages; interest; costs; and attorney’s fees.
Plaintiff Ryan Barnes, raising similar claims and seeking similar relief, addresses “a line of snack foods commonly known as ‘Fruit Snacks that are available in various flavors.’” He challenges labels claiming that the product is “Made with Real Fruit” and “Made with Equal to 20% Fruit,” alleging that it “merely contains de minimis real fruit and unhealthy, unnatural ingredients, chemicals and preservative additives, in addition to merely containing apple puree rather than real fruit.”
Plaintiff Juliana Ford’s complaint concerns Kellogg’s “line of snack foods commonly known as ‘Pop Tarts,’ which come in various ‘fruit flavors,’ including Strawberry, Cherry, Blueberry, and Raspberry.” Ford alleges that the front packaging for the product is misleading because it states that the product is “‘baked with real fruit,’ when in fact, it merely contains de minimis real fruit and unhealthy, unnatural ingredients, chemicals and preservative additives.”