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Frito-Lay Inc. won’t have to defend its cheddar and sour cream chips’ flavor, this time. Consumers dropped the lawsuit, dismissing allegations that the company is deceptively labeling its chips.
Lead plaintiff Jesika Vado filed the complaint in October, taking issue with the company using pictures of cheddar cheese and sour cream on its “Baked Lays Cheddar & Sour Cream Flavor” Ruffles chips. She claims the picture implies to consumers that the company is using natural flavors.
Cheddar & Sour Cream Flavor Challenged in Class Action Lawsuit
The class action lawsuit initially argued that Frito-Lay uses artificial flavors, like synthetic diacetyl, in its cheddar and sour cream chips without labeling it on the front.
Top Class Actions help right consumer wrongs by reporting on lawsuits filed and settled over misleading advertisements.
“Reasonable consumers do not expect a product which only uses the term ‘flavored’ to contain artificial flavors, because they would expect the company to tell the whole truth, instead of a half-truth,” Vado asserted in the original complaint.
Nonetheless, the plaintiff has since joined the company in filing a motion for dismissal, agreeing to drop the claims and cover her own attorney fees. The joint motion doesn’t detail the reasons behind the dismissal.
Frito-Lay Still Faces Class Action Lawsuits Over Its Labeling
Frito-Lay won’t have to defend its chips’ flavor in this one, but the company is still facing misleading labeling class action lawsuits.
A plaintiff in New York is also challenging the Cheddar & Sour Cream Baked Ruffles, alleging that the labeling fails to disclose the artificial flavors used. Plaintiff Santina LaRocca argues that consumers are being tricked into paying higher prices for Frito-Lay’s products based on its false advertising.
A plaintiff in California is echoing the same notion with a false advertising class action lawsuit. The complaint claims that the packaging is legally required to display an “artificially flavored” label, which it does not. The plaintiff asserts that Frito-Lay is violating both California and federal laws.
Frito-Lay is asking a judge to toss the California legal action, arguing that the plaintiff failed to provide enough information to support her claims that Ruffles chips are misleadingly labeled. The company wants the consumer to list what the artificial ingredients are or why they should be accompanied by an “artificially flavored” label.
Do you buy Frito-Lay’s Cheddar and Sour Cream Ruffles? Do you expect your chips to be made with natural ingredients? Tell us your thoughts in the comments section below.
Vado is represented by Keia J. Atkinson and John J. Nelson of Finkelstein & Krinsk LLP.
The Frito-Lay Misleading Labels Class Action Lawsuit is Vado v. Frito Lay Inc., Case No. 3:20-cv-02055, in the U.S. District Court for the Southern District of California.
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