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A recent class action challenges label claims that Dirty Salt & Vinegar Potato Chips are all natural products, containing “no artificial flavors.”
Plaintiffs Frank Lepiane and Jamillah Dunn recently filed the class action lawsuit against UTZ Quality Foods LLC in California federal court.
The two plaintiffs allege that the front and back labeling of Dirty Potato Chips prominently states that the snack is “all natural.”
However, Dirty Salt & Vinegar Potato Chips reportedly contain malic acid, a chemical used as an artificial flavor mimicking the taste of vinegar.
The Dirty Potato Chips class action says federal law requires that products disclose the presence of artificial flavoring used to reinforce the “characterizing flavor” of the product.
In the case of Dirty Salt & Vinegar Potato Chips, the characterizing flavor is salt and vinegar. The inclusion of malic acid allegedly reinforces this flavor, meaning that the packaging is required to disclose the presence of artificial flavoring.
Additionally, the plaintiffs claim that the Dirty Potato Chips ingredient list violates federal and state laws because it does not specify which type of malic acid is included in the product. There are two types of malic acid: the naturally occurring version and d-l malic acid, the synthetic version.
The Dirty Salt & Vinegar Potato Chips class action lawsuit states that D-l malic acid is synthesized in petrochemical plants from benzene or butane, which are components of gasoline and lighter fluid, respectively.
The chemical is created through a series of chemical reactions, some of which have highly toxic precursors and byproducts. This process can by no means be called natural, according to the Dirty Potato Chips class action lawsuit.
UTZ Quality Foods is allegedly aware that consumers are more likely to purchase and pay a higher price for natural products, leading them to portray their Dirty Potato Chips as natural and free of artificial flavoring.
“Defendant’s packaging, labeling, and advertising scheme is intended to give consumers the impression that they are buying a premium, all-natural product with only natural flavoring ingredients instead of a product that contains artificial chemicals and that is artificially flavored,” the Dirty’s Salt & Vinegar Potato Chips class action lawsuit claims.
This alleged scheme is against federal and state laws, leading the plaintiffs to file their Dirty Potato Chips class action which aims to hold the company accountable for deceiving their consumers by portraying their products as natural.
Plaintiffs seek to represent a Class of consumers who purchased Dirty Salt & Vinegar Potato Chips on or after Jan. 1, 2012. They also seek to represent a Class of the same consumers in California, who are protected under additional state laws.
The Dirty Potato Chips class action lawsuit seeks injunctive relief, restitution, compensatory damages, punitive damages, court costs, and attorneys’ fees.
The proposed Class is represented by Ronald A. Marron, Michael T. Houchin, and Tania Babaie of Law Offices of Ronald A. Marron.
The Dirty Salt & Vinegar Potato Chips Class Action Lawsuit is Lepiane, et al. v. UTZ Quality Foods LLC, Case No. 3:18-cv-02659-LAB-MDD, in the U.S. District Court for the Southern District of California.
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139 thoughts onDirty Salt & Vinegar Potato Chips Aren’t ‘All Natural,’ Class Action Says
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