A federal judge in Manhattan dismissed a proposed lawsuit accusing Kellogg of using misleading labeling. 'A reasonable consumer is unlikely to purchase a toaster pastry coated in frosting exclusively for the nutritional value,' the judge wrote
The Nutrition Facts label is seen on a box of Pop Tarts at a store in New York February 27, 2014.. REUTERS/Brendan McDermidNEW YORK, April 1 - A federal judge in Manhattan has dismissed a proposed class-action lawsuit accusing Kellogg Co
In a Thursday night decision, U.S. District Judge Andrew Carter said reasonable shoppers would not expect strawberries to be the main ingredient in a "pre-packaged, processed sugary treat called Frosted Strawberry Pop-Tarts." "A reasonable consumer is unlikely to purchase a toaster pastry coated in frosting exclusively for the nutritional value of strawberries in its fruit filling," he wrote.
Last month, a federal judge in Chicago dismissed a similar lawsuit over unfrosted Strawberry Pop-Tarts, saying Kellogg did not guarantee how many strawberries it would use.
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