Pop-Tarts were first introduced in 1964, just months after Kellogg’s competitor Post introduced a toaster pastry known as ‘Country Squares’.

The lawsuit pointed out that the Pop-Tarts contain less than 2 percent of dried strawberries, and also had dried apples and pears.

 

 

The complaint alleged that the ‘Strawberry’ label is misleading, because the treats contain other fruits, possibly in higher proportions than Strawberry.

Judge dismissed the claim saying no reasonable consumer would be fooled.

Strawberry is a flavor, not just a fruit.

Stacy Chiappetta, the plaintiff and lawyer said ‘That does not mean the labeling is not misleading.’ He said different courts could reach opposite conclusions based on ‘almost identical’ facts.

Sheehan, filed at least three similar lawsuits against Kellogg in other states.