Kellogg has won the dismissal of a proposed class-action lawsuit claiming its famed Strawberry Pop-Tarts are lacking in their strawberry filling.

According to Reuters, U.S. District Judge Marvin Aspen in Chicago said no reasonable consumer could believe from Kellogg's packaging that the breakfast staple contained only strawberries, or more strawberries than other ingredients such as pears and apples.

"The word 'Strawberry,' combined with a picture of half of a strawberry and a Pop-Tart oozing red filling, does not guarantee that there will be a certain amount of strawberries in the product's filling," Aspen wrote in his decision on Tuesday.

Stacy Chiappetta, the plaintiff, said Kellogg defrauded shoppers with deceptive packaging for its Unfrosted Strawberry Pop-Tarts, which contain red food dye that she said makes the filling "brighter and more appealing" on grocery store shelves.

She accused the Battle Creek, Michigan-based company of violating federal and state consumer protection laws.

"I expect that many of these types of cases may be dismissed," her lawyer Spencer Sheehan said in an email on Wednesday. "That does not mean the labeling is not misleading."

This is not the first strawberry pop-tart class action lawsuit either.

To read the rest of the report, visit Reuters.com