NY Woman Sues Over Lack Of Strawberries In Pop-Tarts

BEACON, NY — A Hudson Valley resident is suing one of the largest food manufacturers in the world because she said there aren't enough strawberries in its toaster pastries.

Elizabeth Russett, who lives in Beacon in Dutchess County, claims she and others in the class-action suit are owed damages of $5 million because the Whole Grain Frosted Strawberry Pop-Tarts she bought contained less strawberries than expected based on the package's wording.

Russett is described in the court document as someone who "likes strawberries for the same reason they are America's number one berry fruit."

She is being represented by Spencer Sheehan of Sheehan & Associates P.C. of Great Neck.

In the lawsuit, filed Oct. 19 with the United States District Court of the Southern District of New York, Russett claims the name of the product is misleading "because strawberries are its characterizing ingredient, yet the labeling fails to disclose the Product merely attempts to taste like strawberries."

Sheehan told Patch that the lawsuit is about more than just receiving damages.

He said it's about "truthful labeling."

Russett has not replied to a request for comment.

Sheehan points out in the lawsuit that the ingredients list has "vegetable juice for color, dried pears, dried apples" listed before "dried strawberries." Additionally, further down the list of ingredients is "paprika extract color."

"The Product's common or usual name of 'Whole Grain Frosted Strawberry Toaster Pastries,' is false, deceptive, and misleading, because it contains mostly non-strawberry fruit ingredients," according to the court document.

Sheehan argues that consumers, like Russett, seek out strawberries for their nutritional properties and that they have more nutrients than pears and apples.

"The amount of strawberry ingredients is insufficient not merely to provide the nutrient benefits of strawberries but to provide a strawberry taste," the lawsuit claims.

Plus, Sheehan said there are other similar toaster pastries that specifically state on the packaging that they are "Natural Strawberry Flavored."

The lawsuit also claims that similar whole grain frosted toaster pastries are sold for less than what Russett paid "on one or more occasions" at stores that may include the Walmart in Fishkill.

Russett is asking for a jury trial and $5 million in damages.

Sheehan is also representing Anita Harris of Illinois in a similar lawsuit filed in August.

The internet and television shows are having fun talking about the lawsuit.

On Monday's "The Late Show with Stephen Colbert," the host called the lawsuit the day's top story and used air quotes when calling the product a "pastry."

Colbert said Kellogg was being sued because the toaster pastries contain "2 percent or less of dried strawberries, dried pears and dried apples."

He continued: "Yeah, we know. That's why we like 'em."

When asked about the internet and television having fun with the lawsuit, Sheehan told Patch, "I'm glad that legal cases aren't evaluated by social media or late-night shows."