Kellogg’s Cereal Lawsuit: Are Strawberries Really in the Box?

Case Overview: A class action lawsuit claims Kellogg's misled consumers with its cereal packaging, falsely advertising the presence of strawberries.

Consumers Affected: Consumers in California who purchased Kellogg's Frosted Flakes, Corn Flakes, or Rice Krispies cereals.

Court: U.S. District Court for the Southern District of California

Kellogg is facing legal claims from a California resident alleging that certain cereals are falsely marketed to appear as though they contain strawberries. The suit centers on imagery featured on the packaging of Frosted Flakes, Corn Flakes, and Rice Krispies cereals, which prominently displays strawberries, despite no such fruit being included in the products.

Kellogg's Cereal Packaging Misleads Consumers, Lawsuit Claims

Victoria Reyes, the plaintiff, claims that Kellogg’s product packaging led her to believe the cereals included strawberries. According to the filing, the packaging features images of the fruit with no visible disclaimer indicating its absence from the ingredients. After purchasing Frosted Flakes and finding no strawberries in the box, Reyes asserts she felt misled by Kellogg’s marketing.

The lawsuit argues that Kellogg used these visuals to appeal to health-conscious consumers and compete with other brands offering cereals that contain real fruit. Reyes points to competitors such as Honey Bunches of Oats with Real Strawberries and Trader Joe’s Flakes and Strawberries, which explicitly include fruit as an ingredient.

Consumers Expect Accurate Packaging and Labeling

In February 2024, Reyes sent a demand letter to Kellogg requesting changes to the product’s packaging to clarify that the cereals do not contain strawberries. According to the filing, the company declined to make any modifications, prompting the legal complaint.

The suit contends that Kellogg’s marketing practices have caused confusion among consumers and created an unfair advantage in the market. Reyes argues that the lack of transparency has misled customers into believing they are purchasing cereals containing real fruit.

Reyes states in the filing that she purchased Frosted Flakes specifically because the packaging led her to believe it contained strawberries. Upon opening the box and finding no fruit, she felt deceived. The complaint argues that reasonable consumers rely on accurate packaging to make informed purchasing decisions, and the imagery used by Kellogg violates that trust.

“If Plaintiff knew that Kellogg’s Frosted Flakes contained no strawberries, she would not have purchased the product,” the lawsuit states.

Other Companies Face Similar Lawsuits Over Misleading Packaging

The Kellogg lawsuit joins other recent legal claims addressing deceptive marketing in the food industry. In March 2023, Hershey faced allegations over its Reese’s Peanut Butter holiday treats. Consumers claimed the packaging depicted intricately shaped festive designs, such as pumpkins and ghosts, but the actual products lacked those details. Plaintiffs in the Hershey case argued that the disparity between marketing and reality constituted false advertising.

In the Kelloggs cereal misleading packaging class action lawsuit, Reyes seeks to represent all California residents who purchased the specified Kellogg cereals between January 8, 2021, and the present date. She is requesting restitution for affected consumers and changes to the product packaging to prevent further confusion.

Case Details

• Lawsuit: Reyes v. WK Kellogg Co.
• Case Number: 3:25-cv-00075-AJB-MMP
• Court: U.S. District Court for the Southern District of California

Plaintiffs' Attorneys

• Allen R. Ball and Bret Yorke (Law Office of Ball & Yorke)
• Anthony Russo and James C. Kelly (The Russo Firm)

Have you purchased Kellogg's cereal based on its packaging images? Share your thoughts on this lawsuit in the comments below.