Strawberries-Only Pop Tart Claims Implausible, Kellogg’s Says

Jan. 27, 2021, 4:09 PM UTC

Context clues and the Frosted Strawberry Pop-Tart label itself make implausible a consumer’s claims that Kellogg Sales Co. deceptively portrayed the toaster pastries as filled solely with strawberries, the company told a New York federal court.

Kelvin Brown alleges the name, and packaging that depicts a toaster pastry brimming with bright red filling, give the misleading impression that the sole fruit used in strawberry flavored Pop Tarts is strawberries. They are made with dried strawberry, dried pear, and dried apple, he says.

But he hasn’t plausibly alleged that any reasonable consumer would share his “nothing-but-strawberries” interpretation of the labeling, Kellogg’s ...

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