Federal judge dismisses lawsuit against Kellogg's alleging the company gave an 'erroneous impression' about the amount of strawberry in its strawberry Pop-Tarts

Is the strawberry Pop-Tarts being cheated out of consumers? A judge disagreed with a New York man.

A federal judge on Thursday dismissed a lawsuit accusing a food manufacturing company of exaggerating the amount of strawberry in its Pop-Tarts. The pastries are made with fruit.

The lawsuit was filed in September of 2020 and it stated that the front label of the Pop-Tarts was an issue for him. He claimed that the company used deceptive messaging in using the words "Frosted Strawberry" and showing images of half of a fresh strawberry and dark red fruit filling.

The representations give consumers the impression that the fruit filling contains more strawberries than it does, according to court documents.

The use of Red 40 food coloring makes the strawberry-pear-apple combination look entirely dark red, which he claims creates an incorrect impression that strawberries are present in an amount greater than is the case.

US District Judge Andrew Carter granted the motion to dismiss the lawsuit.

The representations on the product label are not deceptive, according to Carter.

An attorney for Brown did not respond to Insider's requests for comment.