Anne Bucher  |  March 9, 2018

Category: Consumer News

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lays-salt-vinegar-chipsOn Wednesday, a California federal judge denied a motion by Frito-Lay North America Inc. and Frito-Lay Inc. to dismiss a class action lawsuit alleging they falsely advertise Salt and Vinegar Flavored Potato Chips as containing only natural ingredients.

The Frito-Lay class action lawsuit alleges the companies conceal that its salt and vinegar chips, labeled as having “no artificial flavors,” contain malic acid, which they claim is an artificial flavor.

According to the plaintiffs, the potato chip packaging includes a claim that the chips include “just the right balance of tangy vinegar,” leading consumers to believe the chip flavoring is derived mostly from vinegar, not malic acid.

Frito-Lay argued in its motion to dismiss the false advertising class action lawsuit that the chip labels comply with U.S. Food Drug and Cosmetics Act regulations. Further, they claim that malic acid is not included on a list of artificial flavors compiled by the U.S. Food and Drug Administration.

U.S. District Judge Janis L. Sammartino disagreed with Frito-Lay, finding that the FDA’s list of artificial ingredients is not exhaustive.

“Therefore, simply because malic acid is not on these lists does not mean that the FDA has determined malic acid is not an artificial flavor,” Judge Sammartino wrote in Wednesday’s order.

The judge found that the issue of whether malic acid constitutes a flavor enhancer is a factual matter that cannot be determined in a motion to dismiss a class action lawsuit.

Judge Sammartino also rejected Frito-Lay’s argument that the plaintiffs failed to plausibly allege that the salt and vinegar chips’ label would deceive a reasonable consumer. She says a determination must first be made about Frito-Lay’s obligation to label the product as having an artificial flavor before it could be determined whether reasonable consumers were likely to be deceived by the label.

Frito-Lay also argued the salt and vinegar chips class action lawsuit should be dismissed because the plaintiffs said they purchased the chips outside the four-year statute of limitations imposed under California’s Unfair Competition Law. Judge Sammartino noted their concerns but said she was persuaded by the plaintiffs’ argument that a ”continuing violation” exception may apply in this case because the alleged misrepresentations are ongoing.

Plaintiffs Barry Allred and Mandy Allred filed the Lay’s Salt and Vinegar Chips class action lawsuit on behalf of themselves and a proposed Class of consumers who purchased Lay’s Salt and Vinegar flavored chips in California since 2011.

Their Frito-Lay class action lawsuit asserts claims for violations of California’s Consumer Legal Remedies Act, Unfair Competition Law and False Advertising Law. The plaintiffs also assert claims for breach of express warranty and breach of implied warranty.

The plaintiffs are represented by Ronald A. Marron and Michael T. Houchin of the Law Offices of Ronald A. Marron and by David Elliot of the Law Office of David Elliot.

The Frito-Lay Natural Chips False Advertising Class Action Lawsuit is Barry Allred and Mandy C. Allred, et al. v. Frito-Lay North America Inc., et al., Case No. 3:17-cv-01345, in the U.S. District Court for the Southern District of California.

UPDATE: The Frito-Lay Natural Chips False Advertising Class Action Lawsuit was dismissed on April 9, 2019. Top Class Actions will let our viewers know if a new case is filed.

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388 thoughts onFrito-Lay Loses Bid to Dismiss ‘Natural’ Chips Class Action Lawsuit

  1. Melissa Abramson says:

    Please add me

  2. Gary Phillips says:

    salt and vinegar is my favorite, alone with limon
    add me

  3. Jhani Garner says:

    Add me please

  4. Shantel D Garner says:

    Add me in

  5. Karen morton says:

    Add my name.

  6. Joan Ramos says:

    Please add me

  7. JoAnne Kustenmacher says:

    Please add me. Thanks

    1. Li Shen says:

      Yes. Enroll me for this lawsuit.

  8. Felicia Ethridge says:

    Pls add me

  9. Yadigar Melikova says:

    please add me.

  10. Nadine M Rody says:

    These are my favorite chips as I buy them all the time. Please add me.

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