Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
Follow us on Twitter and Facebook for the latest Class Action Settlement News!
Frito-Lay Potato Chips Class Action Lawsuit
By Sarah Pierce
Are you actually reading the labels on your food products? A federal class action lawsuit claims Frito-Lay and its parent company PepsiCo “misbrand” their potato chips as healthy by advertising that they contain “0 grams of Trans Fat” while neglecting to point out that they contain more than 13g of fat for every 50g of chips.
The class action lawsuit accuses Frito-Lay of violating federal and California laws that require companies to provide truthful, accurate information on the labels of packaged foods.
“As consumer preferences have begun to favor healthier options, Defendants have chosen to implement a health and wellness strategy to reposition their products as a healthy option,” the Frito-Lay chip class action lawsuit says. “Defendants recognize that health claims drive food sales and actively promote the purported health benefits of their Misbranded Food Products, notwithstanding the fact that such promotion violates California and federal law.”
These deceptive health claims include that Lay’s potato chips are “prepared with healthier oils,” that Frito-Lay’s snack chips “contain 0 grams of Trans Fat, are low in saturated fat and cholesterol-free,” and the claim that Frito-Lay’s snacks contain “good stuff like potatoes, which naturally contain vitamin C and essential minerals.”
Frito-Lay even tells consumers that “Snacking is an important part of a healthy diet” and that “Snacks may benefit special populations including people with diabetes, children and adolescents, older adults, and pregnant women,” the class action lawsuit points out.
“If a manufacturer is going to make a claim on a food label, the label must meet certain legal requirements that help consumers make informed choices and ensure that they are not misled,” the Frito-Lay chip class action lawsuit states. However, Frito-Lay and PepsiCo “have made, and continue to make, false and deceptive claims” in violation of state and federal law.
The Frito-Lay false advertising class action lawsuit is brought on behalf of all California consumers who, within the past four years, purchased Frito-Lay potato chips labeled “0 grams Trans Fat” but which contained more than 13 grams of fat per 50 grams. It is seeking damages, restitution or disgorgement, as well as a cease and desist order banning the companies from selling their allegedly misbranded food products.
A copy of the Frito-Lay Potato Chips Class Action Lawsuit can be read here.
The case is Markus Wilson v. Frito-Lay North America, Inc. and PepsiCo, Inc., Case No. 12-cv-01586, U.S. District Court, Northern District of California, Oakland Division.
Updated April 3rd, 2012
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
Top Class Actions Legal Statement
13 thoughts onFrito-Lay Potato Chips Class Action Lawsuit
I have health symptoms, what should I do?
Add me
Add us we eat tons of lays products especially my kids thinking its more healthy to other brands
My Name is Nicky Greer I may have health problems related to being addicted to lays plain chips
misbranded false information
add me
Please sign me up
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
I have so many times
Bought lays potato chips and gotten bags that weren’t half a
Filled.
in 1998 i brought a bag of lays pototoe chips which the label read this product oil contains cancer causing ingredient. I was diagnose with a inflame ulcer.
Is it too late to join? I’m a Salt-and-Vinegar junkie!
Nancy B. Rugen
UPDATE: On Feb. 24, 2017, Frito-Lay told a California federal court that a class action alleging it falsely advertised health claims on some of its products should be dismissed
They are not like they were when I was girl you don’t fill the bag up with the chip pleases fill the bag up