I could probably grab a box of pop tarts of whatever flavor I have in my pantry and check the ingredients list, but I'm pretty sure that it won't be misleading to any reasonable person.
I could probably grab a box of pop tarts of whatever flavor I have in my pantry and check the ingredients list, but I'm pretty sure that it won't be misleading to any reasonable person.
And yes by analogy if I buy 'ground beef' I know it will be 100% ground beef because we have laws ensuring that is the case. However if I buy Shepards Pie & the packaging in large, bold text informs me that it is made with beef, I have to spend 60 seconds checking the packaging for small print that tells me the beef is actually 98% soy and 2% beef then I feel that's misleading.
As a consumer I don't know why one is protected while the other isn't, but I've learned through buying really bad products that I need to spend 60 seconds checking the packaging because some companies are fine hiding the truth.
So really the suit is about truth in advertising and exposing that we have a very low bar to be honest in consumer products.
I totally agree that "made with X!" adverts when X is actually 1% of the final product are misleading and should be illegal (maybe they are already, and it's just not enforced well?) - but I do think there's a difference between describing flavor and ingredients, and poptarts are pretty obviously the former.
How could a competitor benefit from using an honest quantity of real strawberries, if the only place they can effectively advertise that is in the tiny ingredients list that nobody reads?
"Filling made from 100% real strawberries!"
Already a common marketing construction, even. Apple juice is often sold with this bit of puffery.
Food labelling laws need an overhaul. And some serious teeth.
That statement says the strawberries are 100% real, it does nothing to exclude the addition of other ingredients or artificial red flavoring added elsewhere.
You may think I'm being asinine, but I'm not. I've been fooled by that language before.