Boulder Canyon Snack Chips Class Action Says ‘Cane Juice’ Label is Misleading

The maker of Boulder Canyon snack chips has been hit with a proposed class action lawsuit alleging it creates a false impression that the chips contain less sugar than they actually do by using the term “evaporated cane juice” on their product labels.

Plaintiffs Shannah Burton and Michelle Blair filed this class action against Inventure Foods Inc. in Illinois federal court alleging the wording “evaporated cane juice” on its flavored snack chips including Canyon Cut Avocado Oil Sea Salt & Cracked Pepper, Honey Bar-B-Que, and Jalapeno Cheddar is deceptive and misleading.

According to the Boulder Canyon snack chips lawsuit, the pair say when they purchased the product, they relied on the snack chips maker’s alleged misrepresentations that “evaporated cane juice” was a healthier, natural sweetener, when instead the products contained sugar disguised as evaporated cane juice.

Inventure Foods is a specialty food company headquartered in Phoenix. The company purchased the Boulder Canyon brand, a line of over 30 premium snack chips that are advertised as minimally-processed and as a healthier alternative to traditional snacks.

The chips are sold in grocery chains, select natural food stores, club stores, and convenience stores.

The class action lawsuit alleges that Inventure takes advantage of consumers’ increasing interest in purchasing products that do not contain added sugar by labeling certain Boulder Canyon brand snack chips as containing evaporated cane juice instead of sugar.

By affixing such labels to the chips, Inventure is able to deceive consumers regarding Boulder Canyon products’ health claims and is in violation of both federal, Illinois, and Missouri state law, the class action lawsuit states.

“The labels of the Products are deceptive, false, unfair, and misleading in that Defendant lists ECJ as an ingredient instead of sugar, and because the Products’ Nutrition Facts claim the Products contain no sugar,” the class action claims.

The complaint goes on to state that by calling added sugar ‘’evaporated cane juice’ and representing that the snack chips contain 0 grams of sugar prominently on the bags, Inventure misleads not only the plaintiffs but “reasonable” consumers into believing that the snack chips contain less sugar than they actually do.

In May 2016, the FDA made clear that “the term ‘evaporated cane juice’ is false and misleading because it suggests that the sweetener is ‘juice’ or is made from ‘juice’ and does not reveal that its basic natures and characterizing properties are those of sugar.” The FDA continued: “The term ‘evaporated cane juice’ is not the common or usual name of any type of sweetener” and “this ingredient should instead be declared on food labels as ‘sugar.’”

Both plaintiffs are seeking to represent a certified nationwide Class of consumers who purchased Boulder Canyon brand snack chips candy at any time from November 2011 and the present, as well as an Illinois subclass and a Missouri subclass.

They are asking the court for an order enjoining Inventure from continuing to engage in “deceptive, unfair, and false marketing of the Products” by using the term “evaporated cane juice” on Boulder Canyon snack chip labels.

Boulder Canyon snack chips are not the only product that has come under fire for its allegedly deceptive labeling involving the term “evaporated cane juice.” GoOrganic candy, Coca Cola’s Odwalla brand, and Chobani have all been hit with similar class action lawsuit recently, alleging use of the term “evaporated cane juice” instead of sugar misled consumers into thinking they were purchasing healthier products.

The plaintiffs and putative Class are represented by Matthew H. Armstrong of Armstrong Law Firm LLC and Stuart L. Cochran of Steckler Gresham Cochran PLLC.

The Boulder Canyon Snack Chips Class Action Lawsuit is Burton, et al. v. Inventure Foods Inc., Case No. 3:17-cv-00134, in the U.S. District Court for the Southern District of Illinois.