\u0027A reasonable consumer is unlikely to purchase a toaster pastry coated in frosting exclusively for the nutritional value of strawberries in its fruit filling\u0027
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.”
Carter also rejected the idea that Pop-Tarts buyers missed out on the health benefits of strawberries. A lawyer for Brown had no immediate comment on Friday. Kellogg and its lawyers did not immediately respond to requests for comment. The Battle Creek, Michigan-based company is also being sued over its Whole Grain Frosted Strawberry and Frosted Chocolate Fudge Pop-Tarts.Breakfast throwback: General Mills attempts to woo millennials with return to '80s cereal recipes
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