CARU reviewed the packaging of Kellogg’s Pop-Tarts products as part of its routine monitoring practices.
The front of the package of Kellogg’s Pop-Tarts strawberry flavor pictured four strawberries, with the pastry’s strawberry filling prominently displayed. It also featured the claim “Made with Real Fruit.” The back panel of the box consisted of a large card, outlined with a dotted line, which featured a cartoon representation of a Pop-Tart and other characters. On the top of the panel, the box instructed, “Cut & Collect 15 in all” and “With safety scissors, and an adult’s help, cut along dotted line.”
Kellogg argued that CARU should dismiss the case because the product packaging was not directed primarily to children, but instead intended for the primary grocery shopper. CARU disagreed. It found “ample evidence” to conclude that the packaging, using the cards – along with its advertising copy – was directed to children under 12.
“The package is not only attractive to children, but appears to be directed to them. The box is filled with depictions of the signature cartoon Pop-Tarts character. This is notable in the panel with the nutrition information, which contains six of those signature cartoon Pop-Tarts characters. Significantly, one entire package panel constitutes a premium to ‘Cut & Collect 15 in all,’ ” according to the decision.
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