Strawberry Pop-Tart attorney has filed more than 400 similar lawsuits

Enlarge this image

In recent years, New York-based attorney Spencer Sheehan has filed more than 400 lawsuits targeting products in almost every aisle of the grocery store over what he says are misleading claims on advertising and packaging. Spencer Sheehan hide caption

In recent years, New York-based attorney Spencer Sheehan has filed more than 400 lawsuits targeting products in almost every aisle of the grocery store over what he says are misleading claims on advertising and packaging.

This week, it was strawberry Pop-Tarts — with a lawsuit claiming damages over what it calls "deceptive" marketing by Kellogg's of its pastries that contain just as much apple and pear as strawberry.

Before that, there were the fudge lawsuits, with claims against Keebler and Betty Crocker and others over "fudge" cookies and baking mixes that contained no milkfat.

And of course, the 120 or so vanilla lawsuits, each alleging that consumers have been duped by companies marketing "vanilla" products that contain little to no actual vanilla bean.

Enlarge this image

If the flavor on the label doesn't match the ingredient list, that may lead to a lawsuit. Andrew Burton/Getty Images hide caption

If the flavor on the label doesn't match the ingredient list, that may lead to a lawsuit.

These suits and scores of others were all filed by the same lawyer, a New York-based plaintiffs' attorney named Spencer Sheehan. In recent years, Sheehan has filed more than 400 lawsuits targeting products in almost every aisle of the grocery store, all alleging that corporations are misleading consumers with claims on advertising and packaging that, Sheehan says, don't hold up to scrutiny.

His prolificacy has almost single-handedly caused a historic spike in the number of class action lawsuits against food and beverage companies — up more than 1000% since 2008 — in an effort that has vexed food companies and won respect from consumer advocacy groups.

"I guess I've always been the type who would become annoyed [and] never liked it when companies cheated people for small amounts it would be difficult to recoup," Sheehan told NPR this week.

The breadth and pace of Sheehan's efforts are remarkable: He filed suit against Frito-Lay alleging it didn't use enough real lime juice in its "hint of lime" Tostitos. He accused Coors of suggesting its pineapple-and-mango-flavored Vizzy Hard Seltzers are sources of Vitamin C "nutritionally-equivalent" to actual pineapples and mangos. He said Snack Pack pudding — which is advertised as being "made with real milk" — misled consumers because it is made with fat-free skim milk.

And that was just May 2021. Sheehan filed six other suits that month, and in the months since, he has filed at least 70 more, at a rate of about three per week.

He has become so well-known that everyday people now reach out to him with tips for possible lawsuits, he says.

Enlarge this image

How much lime is in a hint of lime? screenshot from court filing hide caption

How much lime is in a hint of lime?