Kettle Brand Natural Chips Class Action Settlement

Diamond Foods Inc. has agreed to settle a class action lawsuit alleging it mislabeled and misbranded its Kettle brand products by making false and misleading statements on package labels. If you purchased certain Kettle brand products, you may be entitled to a cash payment from the class action settlement.

This Kettle Brand settlement will resolve three class action lawsuits that allege Diamond Foods violated certain laws by making certain claims on its product labels. Specifically, the class action lawsuits took issue with Kettle Brand products that were allegedly mislabeled as natural, nothing artificial, and non-GMO. The plaintiffs allege these Kettle Brand products are mislabeled because they contain unnatural, synthetic and/or artificial ingredients. Further, the plaintiffs allege the “Natural” language is central to the marketing of Kettle Brand products and is likely to deceive reasonable consumers.

Diamond Foods denies any wrongdoing and asserts that its marketing and labeling was consistent with the law. However, it agreed to settle the Kettle Brand class action lawsuit to avoid the expense and uncertainty of ongoing litigation.

UPDATE: Class Members report that they have begun receiving settlement checks. 

Who’s Eligible

Class Members of the Kettle Brand class action settlement include all persons who purchased certain Kettle Brand products in the United States between Jan. 3, 2010 and Feb. 24, 2015 for personal or household use. Kettle Brand tortilla chips, potato chips and TIAS chips are covered by the class action settlement if they included the following words on their labels:

• “All Natural”
• “Natural”
• “Naturally”
• “Made with All Natural Ingredients”
• “Natural Promise”
• “Nothing artificial”
• “No preservatives”
• “Non-GMO”
• “Non-GMO ingredients”
• “Only natural colors and flavors”
• “A Natural Obsession”
• “Real food ingredients”
• “Reduced Fat”
• “__% Less Fat”
• And/or any other derivation of “natural”

Potential Award

Up to $20. Class Members are eligible to receive $1 per eligible Kettle Brand product purchased, up to 20 products, for a total of up to $20.

The amount of cash each Class Member is eligible to receive depends on the number of Kettle Brand products purchased and whether proof of purchase is provided. If the total number of claims exceeds $2.75 million, the payments each Class Member receives will be reduced proportionally.

Proof of Purchase

None Required. However, Class Members who do not have proof of purchase may only file a claim for up to 10 purchases, and must assert under the penalty of perjury that they made qualifying purchases.

Class Members filing claims for more than 10 purchases must provide proof of purchase.

Claim Form

Claim Form Deadline

8/1/2015

Case Name

Klacko v. Diamond Foods Inc., Case No. 9:14-cv-80005, in the U.S. District Court for the Southern District of Florida

Final Hearing

7/17/2015

Settlement Website

www.ChipSettlement.com

Claims Administrator

Kettle Chips All Natural Settlement Claims Administrator
P.O. Box 43324
Providence, RI 02940-3324
1-877-450-8811

Class Counsel

Benjamin M. Lopatin
THE LAW OFFICES OF HOWARD W. RUBENSTEIN PA

L. DeWayne Layfield
LAW OFFICE OF L. DEWAYNE LAYFIELD PLLC

Anthony J. Orshansky
Justin Kachadoorian
COUNSELONE PC

Defense Counsel

Amanda L. Groves
Sean D. Meenan
Joanna C. Wade
WINSTON & STRAWN LLP