7-Eleven Potato Chips False Advertising Class Action Lawsuit

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A 7-Eleven customer has sued the convenience store chain over its potato chips, claiming in a class action lawsuit that the chips are falsely advertised as containing no trans fats or cholesterol.

Plaintiff Scott Bishop is seeking restitution for consumers who purchased the 7-Eleven brand potato chips and relied on the allegedly false information, saying they were duped into believing the chips were healthier than they are.

Earlier this week, 7-Eleven, Inc. asked a judge to throw the proposed class action lawsuit, saying  it is “unusually meritless” because the claims on the packaging are true, it never deceived Bishop and he never suffered an economic injury. According to 7-Eleven, since the packaging is true, the class action lawsuit fails to state an actual claim on which it can proceed.

“A false advertising case — such as this lawsuit purports to be — must be based on an affirmative misrepresentation, or at least a failure to disclose facts that one has a duty to disclose,” 7-Eleven said. This case “is based on neither.

7-Eleven further argued that a reasonable customer would not be misled into thinking that its potato chips are a health food by a package that contains an accurate nutrition label and the true statements: “0 Grams Trans Fat/No Cholesterol.” The judge overseeing the case has not yet ruled on the motion to dismiss.

The 7-Eleven Potato Chips False Advertising Class Action Lawsuit case is Scott Bishop v. 7-Eleven Inc., Case No. 12-cv-2621, U.S. District Court for the Northern District of California.

UPDATE: A federal judge granted 7-Eleven’s motion to dismiss the potato chip class action lawsuit on August 5, 2013, calling the allegations “too vague.”

UPDATE 2: Bishop filed an amended complaint that was dismissed a final time on April 21, 2014. He will not be allowed to re-file. 

UPDATE 3: On May 11, 2016, Bishop asked the 9th U.S. Circuit Court of Appeals to revive a false advertising class action lawsuit that alleges 7-Eleven Inc. mislabels its store-brand potato chips because it omits legally-required disclaimers about the products’ fat content.

UPDATE 4: On June 7, 2016, The Ninth Circuit Appeals Court granted plaintiffs’ motion to revive a class action lawsuit against 7-Eleven alleging the store falsely labeled the nutritional value of its store-branded potato chips.