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Cheddar and Sour Cream Popchips use artificial flavors derived from petroleum products, alleges a class action lawsuit filed against the manufacturer accusing it of misleading consumers.
Lead plaintiff John Salony claims food manufacturer VMG Partners dupes consumers into thinking its product Popchips Ridges — Cheddar & Sour Cream is flavored with only real cheese and sour cream. However, the product contains artificial flavors because it allegedly does not contain enough real cheddar cheese and sour cream to flavor the product as consumers would expect.
Salony, a New York resident, says he purchased the product based on representations on the Popchips’ label about the presence of cheddar cheese and sour cream. He says he and other consumers paid more for the item than they would have had they known the cheddar cheese and sour cream flavors were derived from artificial flavors.
“As a result of the false and misleading labeling, the Product is [sic] sold at a premium price, approximately no less than $2.29 per 5 OZ compared to other similar products represented in a non-misleading way, and higher than the price of the Product if it were represented in a non-misleading way,” the complaint states.
The class action lawsuit points to statements and pictures on the Popchips’ label that allegedly mislead consumers about the use of artificial flavors in the product, including a wedge of cheese and bowl of sour cream. In addition, the label does not contain information about the artificial flavors in the product, the plaintiff alleges.
“Consumers expect the designation of a food’s flavor to tell them information about the source of the flavor,” the complaint argues, “such as (1) how much is from the named flavor, i.e., cheddar cheese and sour cream, (2) does the product contain flavor from the named flavor, i.e., cheddar flavor, (3) does the named flavor come from natural sources other than the food ingredient, i.e., cheddar flavor from swiss cheese and (4) does the flavor come from artificial, synthetic sources, made in an artificial process, i.e., cheddar flavor derived from petroleum chemicals.”
Consumers expect foods that do not include representations they are flavored using artificial ingredients or the terms “naturally flavored” or “other natural flavors” on the front of the package to be sufficiently flavored using the food’s characterizing ingredients, the plaintiff contends. I
n the case of Cheddar and Sour Cream Popchips, consumers would expect them to be flavored using only those ingredients, the complaint explains, but the ingredient list tells another story.
According to the complaint, the cheddar cheese flavor is enhanced using artificial ingredients and additional orange coloring.
“Based on analysis of the Product, the ‘Natural Flavors’ contains numerous cheddar aroma compounds such as acetic, butyric, caproic, and caprylic acids,” the complaint states.
Further, the sour cream flavor of the product is not derived from real sour cream at all, the plaintiff alleges. Instead, this variety of Popchips contains “sour cream flavor,” or flavoring constituents derived from sour cream, the complaint says. Specifically, sour cream flavor includes “essential oil, oleoresin, essence or extractive, protein hydrolysate, distillate” and/or other flavorings resulting from heating sour cream.
“Defendant’s branding, marketing and packaging of the Product is designed to — and does — deceive, mislead, and defraud plaintiff and consumers,” the plaintiff argues.
Indeed, the complaint points out consumers seek out products that are flavored using their characterizing ingredients, not highly processed food derivatives. In addition, the plaintiff notes, consumers eat sour cream not just because of its tangy flavor, but also because it contains health benefits, such as maintaining beneficial intestinal bacterial flora and providing vitamins and minerals.
The plaintiff seeks to represent others who purchased Popchips Ridges — Cheddar & Sour Cream while in the state of New York. The complaint alleges VMG Partners violated various New York consumer protection laws.
The class action lawsuit is seeking damages on behalf of the proposed Class, along with a court order stopping the allegedly misleading advertising of Popchips Ridges – Cheddar & Sour Cream.
Have you purchased Cheddar and Sour Cream Popchips? Do you think you were misled about artificial flavors in the product? Tell us about your experience in the comment section below!
Lead plaintiff John Salony and the proposed Class Members are represented by Spencer Sheehan of Sheehan & Associates PC.
The Popchips False Advertising Class Action Lawsuit is John Salony v. VMG Partners LLC, Case No. 7:20-cv-10273, in the U.S. District Court for the Southern District of New York.
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