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Costco Kettle Chips Trans Fat Class Action Lawsuit

By Kimberly Mirando


Costco Kettle ChipsA new class action lawsuit claims Costco is making misleading health claims about the nutrient content of its Kirkland Signature Brand Potato Chips, specifically that they contain “0 grams Trans Fat” without mentioning that they contain high levels of other kinds of unhealthy components, such as more than 13 gram of fat.

According to the class action lawsuit, Costco’s Kettle Chips aren’t as healthy as the packaging claims, and actually contain high levels of fat, saturated fat, cholesterol and sodium, which the FDA has concluded increases the risk of diet-related disease or health-related condition. The lawsuit says these unhealthy ingredients are not properly disclosed on the product’s packaging and labeling, as required by law.

“[Costco] has chosen to implement a health and wellness strategy to reposition its products as a healthy option. As part of this health and wellness strategy, Defendant makes a number of claims about its products,” including that its Kirkland Kettle Chips have “0 grams Trans Fat,” the class action lawsuit says.

However, Costco fails to properly disclose “the inherently unhealthy nature” of its Kirkland Kettle Chips, in violation of the law. These laws are designed to ensure that consumers are not misled into believing that a product that claims, for instance, to be low in Trans Fat, but actually has other unhealthy fat levels, is a healthy choice because of the lack of Trans Fat, the Costco Kettle Chips class action lawsuit states.

The Costco Kettle Chips class action lawsuit is brought on behalf of all persons in California who, within the last four years, purchased Costco Kettle potato chips labeled “0 grams Trans Fat” but which contained more than 13 grams of fat per 50 grams. It is seeking damages, restitution, disgorgement of profit and more.

A copy of the Costco Kirkland Kettle Chips Trans Fat Class Action Lawsuit can be read here.

The case is Karen Thomas v. Costco Wholesale Corporation, Case No. 12-cv-02908, U.S. District Court, Northern District of California, San Jose Division.


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Updated June 11th, 2012


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  • Anonymous June 12, 2012

    please send me fotms for siut 11305 countrywood ct. spring hill, fl. 34609

  • Anonymous June 18, 2012

    This strikes me as a frivolous lawsuit. Potato chips used to be fried almost exclusively in partially hydrogenated soybean oil. Hydrogenating oil produces trans-fats which makes it more unhealthy than traditional oil, studies have shown.

    So potato chips with no trans-fat and less salt (i.e. less sodium) that are all-natural (i.e. no artificial preservatives) are a healthier choice than other types of chips. But anyone who believes that potato chips are in any way healthy are just clueless, and should not get to profit from being clueless.

  • Julie March 23, 2013

    Thanks a lot guys. Now they suck. They used to have a rich buttery flavor and the pieces were huge. Now they are all teeny weeny and the flavor has been removed.
    Anybody who doesn’t, know that potato chips are bad for you, especially the awesome ones, deserves to be in trans fat hell.

  • Josh December 25, 2013

    Scumbag lawyers, at it again. And there’s nothing lower than a California lawyer. Makes me pray that there really is a Hell.

  • Matt October 18, 2015

    Not only does the suit strike me as being frivolous, but they aren’t Costco brand either – the Costco Kettle Chips are Kettle brand chips – with Kettle Brands branding on it. They just have a squre that reads Kirkland Signature in addition. Costco is not making any claims at all – Kettle Brand is.

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