A woman from the Hudson Valley is suing the makers of Pop-Tarts for $5 million.

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Elizabeth Russett, of Dutchess County, accuses Kellog's of false advertising regarding its Frosted Strawberry Pop-Tarts.

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The suit states the labeling is misleading, saying the pastry's filling has more "strawberries than it does."

To give consumers the false impression that the Product contains more strawberries than it does, it includes “vegetable juice for color” and “paprika extract color.”

According to the lawsuit the Beacon woman really likes strawberries.

Plaintiff likes strawberries for the same reason they are America’s number one berry fruit.

The lawsuit also states the product is misleading because the Frosted Strawberry Pop-Tarts don't contain as much strawberries as consumers expect.

The packaging only depicts strawberries, in words and images, and shows the Product’s bright red filling, matching the color of strawberries. The strawberry representations are misleading because the Product has less strawberries than consumers expect based on the labeling.

Russett and her attorney are seeking a jury trial and want $5 million in damages from Kellog.

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The lawsuit goes on to state:

Whether the fruit content of a toaster pastry includes only strawberries, mostly strawberries or merely some strawberries, and mostly contains other less-valued fruit ingredients, is basic front label information consumers rely on when making quick decisions at the grocery store. Strawberries are the Product’s characterizing ingredient, since their amount has a material bearing on price and consumer acceptance, and consumers expect they are present in an amount greater than other fruits. 23. 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.

Kellog's has yet to comment.

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