Hawaiian Kettle Potato Chips are Made in Washington, Class Action Says

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A class action lawsuit says Hawaiian Kettle Style Potato Chips are misrepresented as being made in Hawaii, when really the snacks are made in Washington.

Plaintiffs Michael Maeda and Iliana Sanchez filed the class action lawsuit against Pinnacle Foods Inc. over claims that the company committed fraud by advertising the products as being made in a state in which they are not.

The Hawaiian Kettle Style Potato Chips class action lawsuit was originally filed in Hawaii First Circuit Court but the case was removed to federal court on Nov. 23.

According to the Hawaiian Kettle Chips class action lawsuit, the Hawaiian Snacks are available “at grocery stores, pharmacy chains, mom and pop stores, and large retail chains,” including Target, Walmart, CVS, and Amazon. Allegedly, around 9 million bags of the products are sold each year.

The Hawaiian snacks covered by the Pinnacle Foods class action lawsuit include Hawaiian Kettle Style Potato Chips in the following varieties: Original, Luau BBQ, Sweet Maui Onion, Ginger Wasabi, Hulapeno, Mango Habanero. The class action also covers Hawaiian Luau Barbecue Rings and Hawaiian Sweet Maui Onion Rings.

Allegedly, the company profited from its deceptive sale of the chips by intentionally misrepresenting the Hawaiian snacks in order to sell more.

The Hawaiian potato chips class action lawsuit states that Pinnacle Foods misrepresented the products because they would be seen as more desirable if consumers thought they were made in Hawaii than if they were made in Washington.

The Pinnacle class action lawsuit was removed to federal court because the proposed Class contains at least 100 members and the amount of alleged damages is more than $5 million.

Maeda and Sanchez seek to represent three Classes of consumers — a Hawaii Class of consumers who purchased the snacks in Hawaii, a California Class of those who purchased the snacks in California, and a California consumer subclass who purchased the products in California specifically for personal, family, or household use.

Pinnacle Foods violated a number of Hawaii state consumer protection laws, as well as California consumer protection and unfair competition laws, according to the Hawaiian chips class action lawsuit.

The plaintiffs claim that the company also unjustly enriched itself from the sale of the chips because the sale was based in a fraudulent misrepresentation of the product.

They argue that consumers were not receiving the product that they thought they were getting.

The Hawaiian potato chips class action seeks to have the company be required to disgorge all “profits, benefits, and other compensation,” that they received from the sale of the Hawaiian snacks.

In its notice of removal, Pinnacle Foods insists that the allegations are without merit and that “neither Plaintiffs nor putative class members have suffered an injury.”

The plaintiffs are represented by Brandee J.K. Faria of Perkin & Faria LLLC, Aubry Wand of The Wand Law Firm PC, and Benjamin Heikali of Faruqi & Faruqi LLP.

The Hawaiian Kettle Chips Made In Washington Class Action Lawsuit is Michael Maeda, et al. v. Pinnacle Foods Inc., Case No. 1:18-cv-00459-JAO-RLP, in the U.S. District Court for the District of Hawaii.