Kellogg’s Pop-Tarts is at the center of a legal battle as one Illinois resident filed a lawsuit against Kellogg’s for the number of strawberries in their product.

Anita Harris alleges that the marketing for the pastries is misleading because “they give people the impression the fruit filling contains a greater relative and absolute amount of strawberries than it does.” The lawsuit also focuses on the health benefits that strawberries have, which aren’t present in Pop-Tarts.

Harris is asking for $5 million because the product’s name, Frosted Strawberry Toaster Pastries, is “false, misleading, and deceptive” because the Pop-Tart filling contains a “relatively significant amount of non-strawberry fruit ingredients” including pears and apples.

Harris said that she wanted more than just a “strawberry taste” which she was not able to achieve by eating Pop-Tarts. The lawsuit states that Kellogg’s only mentions the strawberries in its marketing, but fails to mention the other fruits.

Pop-Tarts contain “2% or less of wheat starch, salt, dried strawberries, dried pears and dried apples” according to the products ingredient list.

Harris is being represented by Spencer Sheehan of Sheehan & Associates, who is simultaneously representing Elizabeth Russett from New York who is suing Kellogg’s for the same reason.

Sheehan is known for frequently filing lawsuits against major food companies. He has filed about two to three fraud lawsuits a week in the first few months of 2021, according to Law Street Media. 

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