Another lawsuit accuses Smartfoods of misleading popcorn buyers with ‘no artificial preservatives’ label

Smartfoods class action lawsuit overview:

• Who: Plaintiff Alyssa Flexer filed a class action lawsuit against Smartfoods Inc. and PepsiCo Inc.
• Why: Flexer claims the companies falsely advertised their Smartfoods popcorn products as not containing any artificial flavors or preservatives.
• Where: The Smartfoods class action lawsuit was filed in New York federal court.

A new class action lawsuit alleges PepsiCo and its subsidiary Smartfoods falsely advertise their Smartfoods popcorn products as not containing any artificial flavors or preservatives.

Plaintiff Alyssa Flexer’s class action lawsuit claims the companies falsely represent to consumers that the Smartfoods popcorn products contain “No Artificial Colors or Flavors” and “No Artificial Preservatives.”

Flexer argues the companies make the allegedly false claims to “capitalize on consumers’ preference for natural foods that do not contain synthetic ingredients.”

Flexer wants to represent a nationwide class and New York subclass of consumers who purchased the Smartfoods popcorn products for personal, family or household consumption and not for resale.

Smartfoods popcorn contains maltodextrin, lawsuit alleges

The Smartfoods class action alleges the advertising claims are false because the products contain maltodextrin, a synthetic non-natural flavoring and preservative.

Flexer argues she relied on the companies’ allegedly false and misleading marketing of the Smartfoods popcorn products as containing no artificial flavors or preservatives when purchasing the products.

“Had Ms. Flexer known that Defendants’ representations were false and misleading, she would not have purchased the Products or would have only been willing to purchase the Products at a lesser price,” the Smartfoods class action states.

The plaintiff claims Smartfoods and PepsiCo are guilty of breach of express warranty and violations of New York General Business Law.

Flexer demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, statutory and punitive damages for herself and all class members.

A similar maltodextrin class action was filed against Smartfoods by a group of consumers in Illinois. In a growing number of lawsuits challenging the “all natural” and “no artificial ingredients” labels, LMNT is facing allegations concerning maltodextrin in its “all natural” electrolyte drink.

Have you purchased Smartfoods popcorn products? Let us know in the comments.

The plaintiff is represented by Joshua D. Arisohn of Arisohn LLC.

The Smartfoods popcorn class action lawsuit is Flexer v. Smartfoods Inc., et al., Case No. 1:25-cv-03623, in the U.S. District Court for the Eastern District of New York.

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