Again a misleading marketing strategy? This time it is Kellogg’s as a lawsuit has been filed against the company claiming that the marketing strategies of the company related to their strawberry Pop-Tarts are misleading the consumers.

Anita Harris is filing a lawsuit against the breakfast giant saying that the fruit filling in the Kellogg’s Whole Grain Frosted Strawberry Toaster Pastries flavors like other fruits, according to a news source. The nutrition label of the product actually depicts that the pastries contain heavier quantities of apples and pears other than strawberries, according to TMZ.

While filing the lawsuit, Harris says that the red coloring in the Pop-Tarts gives a false impression that they contain heavier quantities of strawberries.  And for this claim, she says that the damage may exceed $5 million. Moreover, she also wanted to see Pop-Tarts labeled in a more accurate manner.

“Whether a toaster pastry contains only strawberries or merely some strawberries … is basic front label information consumers rely on when making quick decisions at the grocery store,” the lawsuit, according to USA Today.

“Strawberries are the Product’s characterizing ingredient … (consumers) believe they are present in an amount greater than is the case.”

At the moment, Kellogg’s highlighted that they are not commenting on the pending lawsuit case- according to The Hill.

Previously similar lawsuits were filed on other products which do not live up to their product names which include the allegation put on Subway’s Tuna Sandwich which actually does not contain any Tuna that was eventually found to be a misleading advertisement for the consumers.

According to the Post, when the product was launched by the company, the strawberry was supposed to be the star ingredient in the original Pop-Tarts which might go along with apple currant, blueberry, and brown sugar cinnamon. In addition, the toaster pastries were also unfrosted because of the concerns that the frosting would eventually melt off.