Couple sues over flaming Pop-Tart

http://www.cnn.com/2001/LAW/07/28/life.poptart.reut/

PHILADELPHIA, Pennsylvania (Reuters) -- The popular breakfast pastry Pop-Tarts has become a burning legal issue in New Jersey.

The Philadelphia Inquirer reported Saturday that a New Jersey couple is suing the Kellogg Co. for $100,000 in damages caused to their home when an unattended Pop-Tart allegedly burst into flames inside their toaster.

Brenda Hurff of Washington Township put a cherry Pop-Tart in the toaster and left the house to drive her children to preschool, the newspaper said. When she returned 10 to 20 minutes later, smoke was pouring from the home and firefighters were already on the scene.

"I never thought a Pop-Tart could turn into a blowtorch," Hurff's attorney, Mauro Casci, told the newspaper. "Did it pop? Did it not pop? Who knows?"

The local fire company listed the cause of the blaze as "unattended food."

A Kellogg spokesman declined to comment on the lawsuit but told the Inquirer that the cereal maker's products were safe and do not cause fires.

Pop-Tarts, which are filled with fruit preserves, carry a warning on the box advising customers not to leave the toaster unattended due to a possible risk of fire.

The lawsuit, filed this week in Gloucester County Superior Court by Hurff and her husband, also named toaster-maker Black & Decker Corp. as a defendant. The newspaper said the appliance maker had no comment on the suit.

In 1995, Kellogg paid $2,400 to a Springfield, Ohio, man who said that a fire started from a Pop-Tart had damaged his home, the Inquirer said.

The man's lawyer had considered calling as a witness humorist Dave Barry, who had written two years earlier that he caused a pair of strawberry Pop-Tarts to ignite by putting them into a toaster and holding the lever down for six minutes, the newspaper said.

Copyright 2001 Reuters. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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