Kellogg’s is being sued after a customer complained that the apparent lack of strawberries in its pop-tarts amounted to false advertising.

The lawsuit, filed by plaintiff Anita Harris after she bought Frosted Strawberry Pop-Tarts, is asking Kellogg’s to adopt more accurate labelling for its products. She claims that damages from the false advertisement “exceeds $5 million.”

According to NBC Philadelphia, Harris suggests the product’s advertising gives consumers “the impression the fruit filling contains a greater relative and absolute amount of strawberries than it does”.

The lawsuit claims that Harris would bought the product “because she expected it would have more of the named fruit ingredient”. It adds that she “would not have purchased the product if she knew the representations were false and misleading”.

“Plaintiff wanted more than a ‘strawberry taste,’ which she nevertheless failed to receive,” the lawsuit states.

Strawberries are described as the “characterising ingredient” in the product, according to the lawsuit. But dried strawberries are listed as making up “2% or less” in the ingredients list, which also contains pears and apples.

Spencer Sheehan, a New York attorney representing Harris, told TODAY: “If it doesn’t have mostly strawberries, if it’s mostly pears, then you know, just call it pear Pop-Tarts. I don’t know why you have to call it strawberry if it’s a mix of pears and apples and strawberries.”

Kellogg’s has not publicly commented on the lawsuit. indy100 has contacted the company for comment.

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