Motion to Dismiss all causes, including N.Y. G.B.L. §§ 349 and 350 and related state torts granted:

“The photograph of the fresh half strawberry on the Product’s front label must be viewed in context. No reasonable consumer would see the entire product label, reading the words “Pop-Tarts Whole Grain Frosted Strawberry” alongside a frosted strawberry pop-tart with sprinkles, and reasonably expect that fresh strawberries would be the sole ingredient in the Product.”

Text of decision in Russett v. Kellogg Sales Company: