The named plaintiff was substantially represented by the Center for Science in the Public Interest (“CSPI”) CSPI complained that General Mills’ Strawberry Fruit Roll-Ups featured pictures of strawberries on the front packaging but that the product does not contain strawberries. Rather, they are are made from pears from concentrate, corn syrup, dried corn syrup, sugar, partially hydrogenated cottonseed oil, citric acid, acetylated monoglycerides, fruit pectin, dextrose, malic acid, Vitamin C (ascorbic acid), unspecified “natural flavor,” and Red 40, Yellow 5, Yellow 6, and Blue 1.
Last May, the court granted, in part, General Mills’ Motion to Dismiss that lawsuit and dismissed with prejudice plaintiff’s claims to the extent they are based on statements that Fruit Snacks are “fruit flavored,” “naturally flavored,” and “gluten free.” The Court let the lawsuit proceed, however, with regard to the statement “Made with Real Fruit.”
In late December 2012, General Mills and CSPI resolved the lawsuit. According to CSPI, General Mills agreed that, so long as strawberry Fruit Roll-Ups contain no actual strawberries, it would refrain from depicting strawberries on the label. Further, so long as that product’s label contains the “made with real fruit claim,” it will include the percentage of fruit in the product.
For its part, General Mills said “we disagree with CSPI on the merit and substance of the case, but we both agreed to resolve the matter to avoid further litigation.”