Utz Agrees to $1.25M ‘All Natural’ Class Action Settlement

Snack company Utz agrees to pay $1.25 million to settle allegations that some of its products are falsely labeled as “all natural.”

Lead plaintiffs Matt DiFrancesco, Angela Mizzoni, and Lynn Marrapodi allege in their class action lawsuit that they and other consumers were tricked into purchasing snacks because the label claimed they were “all natural.”

However, the plaintiffs say the products actually contained artificial ingredients that they and others would not have purchased had they known.

The plaintiffs allege that the following Utz brand snacks contain artificial ingredients and/or genetically modified organisms (GMOs): potato chips, baked potato chips, pretzels, popcorn, tortillas, Utz branded snack mixes, salsas, Utz dips, cheese and extruded snacks, and pork rinds.

Additionally, the following snacks under the Bachman line are included in the class action: pretzels, potato chips, tortilla chips, corn chips, cheese snacks, popcorn, and salsa.

The above snacks that also include claims that the products are “natural,” “all natural,” “non-GMO,” or “not synthetic,” or any similar language are included in the class action.

According to the Utz all natural class action lawsuit, “consumers perceive all natural foods as better, healthier, and more wholesome” and Utz capitalized on that perception by claiming some of its products were “all natural.”

The preliminary settlement agreement will release Utz from liability after Utz pays Class Members $1.25 million. The settlement will still need to be approved by a federal judge who asked for changes to a previous version of the proposed settlement.

The plaintiffs seek to represent a nationwide Class of consumers who purchased any of the Utz products in the past four years, as well as Massachusetts and New York subclasses.

Under the terms of the settlement, Utz admits no liability or fault regarding the class action claims, including breach of warranty, deceptive acts, false advertising, and unjust enrichment.

“Plaintiffs, as Settlement Class representatives, believe that the claims settled herein have merit,” state the plaintiffs in their motion for preliminary approval of the class action settlement. “However, Plaintiffs and Class Counsel recognize and acknowledge the expense and length of continued proceedings necessary to prosecute the claims through trial, appeal, and ancillary actions. They have also taken into account the uncertain outcome and the risk of any litigation, as well as the difficulties and delay inherent in such litigation.”

The snack company has continued to deny all liability regarding the alleged claims.

“Even though Utz expressly denies any wrongdoing, Utz considers it desirable for the Action to be settled and dismissed, because this Settlement will finally put the Action and the underlying claims and matters to rest and will avoid the substantial expense, burden, and uncertainty associated with the continued litigation of these claims,” notes the motion.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The plaintiffs are represented by Robert Ahdoot and Tina Wolfson of Ahdoot & Wolfson PC.

The Utz “All Natural” Class Action Lawsuit is DiFrancesco, et al. v. UTZ Quality Foods Inc., Case No. 1:14-­cv-­14744, in the U.S. District Court for the District of Massachusetts.

UPDATE: April 2019, the Utz, Bachman “all natural” class action settlement is now open. Click here to file a claim.