Kicker - A pop-up legal victory

NICK EICHER, HOST: Well here’s an update on an urgent legal story!

A federal judge has tossed out a proposed class-action lawsuit against the makers of Pop-Tarts.

The plaintiffs complain that Kellogg’s packaging misleads customers as to the actual amount of strawberries in Frosted Strawberry Pop-Tarts.

The judge said the use of the word “strawberry” on the box referred to the flavor, not the actual fruit content.

He added that consumers can check the listing of contents on the back of the box to clear up any confusion.

This is not for the faint of heart. I looked it up. It has sugar. It has icing sugar. It has modified milk ingredients. Modified corn starch. Now we’re getting into the good stuff: monoglycerides, acetylated tartaric acid esters of mono and diglycerides and so on.

The judge said—quoting here—“A reasonable consumer is unlikely to purchase a toaster pastry coated in frosting exclusively for the nutritional value of strawberries in its fruit filling.”

That’s right, folks. Pop-Tarts, apparently, are not health foods! Who knew?!

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