Right Target, Wrong Focus
Kellogg is the target of a class action suit over the company’s Nutri Grain bars. According to Jon Hood of ConsumerAffairs.com:
A class-action lawsuit filed Monday accuses Kellogg’s of tricking consumers into believing its Nutri-Grain cereal bars are healthy, when in fact they contain “inherently dangerous” trans fat, which the plaintiffs say makes the product “unfit for human consumption.”
The suit contends that “Kellogg misleads consumers into believing that Nutri-Grain Bars are healthy by making misleading claims on the product packaging. Such statements include ‘Excellent Source of Calcium,’ ‘More of the Whole Grains Your Body Needs,’ and ‘Eat Better All Day.’”
Unfortunately for the plaintiffs, who make some valid points about the dangers of trans fats – namely that they increase the risk of heart disease, cancer, and type 2 diabetes – the suit devolves into weak tea before long.
“Weak tea” indeed… I’m no fan of Nutri Grain bars, but it would never have occurred to me to attack them for their (currently miniscule) trans fat content. This likely explains Kellogg’s attitude.
Kris Charles, a spokesperson for Kellogg told NutraIngredients-USA.com, that the company believes the suit has no merit.
US litigation lawyer James R Prochnow told this publication that class action lawsuits such as this one are part of a continuing trend in the food and dietary supplement industry where lawsuits are not based on product liability principles, but rather on false, misleading or deceptive advertising.
“It is also not an accident that this lawsuit was filed in California, the home of many of these false advertising lawsuits because of the consumer friendly California state statutes,” he added.
Consumer-friendly environment or not, I expect this suit is still likely to fail. Pity, too, since the plaintiffs kinda have a point. Nutri Grain bars are promoted as a healthy food – which is something they clearly aren’t. But the plaintiffs are focused on the wrong reason. It’s not the trans fats that are the problem – it’s the relatively empty cals.
Let’s take a closer look at what’s inside:
CRUST: WHOLE GRAIN ROLLED OATS, ENRICHED FLOUR (WHEAT FLOUR, NIACIN, REDUCED IRON, THIAMIN MONONITRATE [VITAMIN B1], RIBOFLAVIN [VITAMIN B2], FOLIC ACID), WHOLE WHEAT FLOUR, SUNFLOWER AND/OR SOYBEAN OIL WITH TBHQ FOR FRESHNESS, HIGH FRUCTOSE CORN SYRUP, SUGAR, HONEY, DEXTROSE, CALCIUM CARBONATE, SOLUBLE CORN FIBER, NONFAT DRY MILK, WHEAT BRAN, SALT, CELLULOSE, POTASSIUM BICARBONATE (LEAVENING), NATURAL AND ARTIFICIAL FLAVOR, MONO- AND DIGLYCERIDES, PROPYLENE GLYCOL ESTERS OF FATTY ACIDS, SOY LECITHIN, WHEAT GLUTEN, NIACINAMIDE, SODIUM STEAROYL LACTYLATE, VITAMIN A PALMITATE, CARRAGEENAN, ZINC OXIDE, REDUCED IRON, GUAR GUM, PYRIDOXINE HYDROCHLORIDE (VITAMIN B6), THIAMIN HYDROCHLORIDE (VITAMIN B1), RIBOFLAVIN (VITAMIN B2), FOLIC ACID.
FILLING: HIGH FRUCTOSE CORN SYRUP, CORN SYRUP, BLUEBERRY PUREE CONCENTRATE, GLYCERIN, SUGAR, WATER, SODIUM ALGINATE, MODIFIED CORN STARCH, NATURAL AND ARTIFICIAL FLAVOR, CITRIC ACID, METHYLCELLULOSE, CALCIUM PHOSPHATE, MALIC ACID, RED #40, BLUE #1
The fruit is virtually non-existent (HFCS and corn syrup are the first two filling ingredients), and the “grain” part is cut with white flour. The amount of sugar (12g/serving) is on a par with sugar cereals like Trix (13g/serving). And for all the emphasis on “whole grains” on the front of the box, each bar contains only a measly 2g of fiber. If it weren’t for the added vitamins and minerals (big deal!), a Nutri Grain bar would be as about as healthy as a jelly sandwich.
Nutri Grain bars are nothing more than reduced-fat, fortified cookies. I could think of a lot of healthier ways to “spend” 130 calories, that’s for sure. The product slogan, “Eat Better All Day” is so much hot air, since there’s nothing “better” about these bars, unless you’re comparing them to – say – straight up candy bars.
Of course, Nutri Grain bars are hardly the only faux “healthy” snack food out there, so it may be ”unfair” to single them out – but hey, you have to start somewhere. I could probably get behind a false advertising lawsuit, if it was focused on the REAL reasons they’re largely “unfit for human consumption.”





ultimatefat on 04 Feb 2010 at 9:38 pm #
Right Target, Wrong Focus – http://blog.ultimatefatburner.com/2010/0…
via Twitoaster
Makster on 05 Feb 2010 at 10:22 am #
I agree completely that these bars are unhealthy, along with a lot of other foods.
My problem with the whole thing is, all the ingredients are on the label. If you read the label, you see this is not a healthy choice. No matter what it says on the box.
I see it on the shelves at the store all the time. “Whole grain”, “healthy choice”, “lots of fiber”, all supposed to be “good for what ails you” stuff.
Most times a good read of the ingredients and nutrition data tell the story.
I don’t know if the lawsuit is just or not. I do know that I personally would never pick this food to eat anyway.
Vincent on 06 Feb 2010 at 12:47 am #
That dressed up cookies are marketed as health food is somewhat deplorable. It kind of reminds me of mayonnaise commercials going for the same effect; I had a good chuckle out of that one. But “unfit for human consumption” is pretty strong language. That Nutri-grain isn’t superfood is a given, but I can think of far worse things people eat on a daily basis that better deserve that title. I’m not a lawyer, but I would think the plaintiffs would do better with more reasoned language if they want to be taken seriously.