Chia Crisps Maker Hit with False Advertising Class Action Lawsuit

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On Tuesday, a class action lawsuit was filed against a health food company, LesserEvil LLC, over its Chia Crisps snacks, alleging that the company falsely advertises that the chips contain primarily chia seeds while, in reality, the snack food is made mainly of black beans.

Lead plaintiff Elizabeth Crane alleges that she was tricked into buying Chia Crisps for $3.99 because the packaging implied that the product contained mainly the popular and pricey health “super food” chia seeds. According to the false advertising class action lawsuit, Chia Crisps are actually mainly made of black beans. Crane argues that LesserEvil, the company that manufactures and sells Chia Crisps, designed the package to mislead consumers into buying the food at a premium price.

“Even though Chia Crisps contain a minimal amount of chia seeds, and, in reality, are predominantly composed of black beans — a cheap ingredient,” the Chia Crisps class action lawsuit says, “LesserEvil made a tactical marketing or advertising decision to create deceptive and misleading labels for its product that leads a reasonable consumer to think otherwise.”

Crane alleges that the product label, which prominently displays the Chia Crisps brand name in large white letters on a solid green background, misleads consumers into thinking chia seeds are the main ingredient. A statement indicating that the product is made of black beans is placed in small letters underneath the brand name, Chia Crisps. The back label further misleads consumers, according to the Chia Crisps class action lawsuit, because it discusses and highlights the nutritional value of chia seeds, rather than that of the main ingredient, black beans. Additionally, Crane points out and alleges that chia seeds are actually the nearly the last ingredient on the list on the package, while black beans are listed first.

“LesserEvil has made, and continues to make, misrepresentations and/or omissions regarding its Chia Crisps,” argues the plaintiff in the false advertising class action lawsuit. “Specifically,” the complaint continues, “LesserEvil, based on the label and other forms of advertising to Plaintiff and others similarly situated, represents that the Product contains a significant amount of chia seeds, when, in actuality, the Product is primarily composed of black beans, a less expensive ingredient. LesserEvil knew and purposely misrepresented and failed to disclose this fact to consumers. As a result of these misrepresentations and/or omissions regarding the Chia Crisps, LesserEvil was able to charge a premium on the Product because chia seeds are in high demand and an expensive product.”

Crane seeks to represent a Class of Florida consumers who purchased any of the four varieties of Chia Crisps. The plaintiff claims that LesserEvil of violated the Florida Deceptive and Unfair Trade Practices Act and recived unjust enrichment from consumers in the Florida Class.

Crane is represented by Nathan C. Zipperian, Scott R. Shepherd and James C. Shah of Shepherd Finkelman Miller & Shah LLP.

The Chia Crisps False Advertising Class Action Lawsuit is Crane v. LesserEvil LLC, Case No. 0:14-cv-62854, in the U.S. District Court for the Southern District of Florida.