Pringles Class Action Lawsuit Challenges ‘No Artificial Flavors’ Label

Kellogg faces a class action lawsuit alleging that their Salt & Vinegar Pringles are falsely portrayed as naturally flavored.

Lead plaintiff Matthew Marotto recently filed a class action against Kellogg Company, Kellogg USA Inc., Kellogg Sales Company, Pringles LLC, and Pringles Manufacturing Co., alleging that Salt & Vinegar Pringles are described as natural by the front label when they actually contain artificial flavoring.

According to the Pringles class action, the front label of the Pringles container depicts “a chalkboard sign showing the words ‘Salt & Vinegar,’ a pile of salt, and two bottles, which impliedly contain vinegar.” Marotto argues that, based on the depiction on the front label, the Pringles product could be reasonably interpreted as all-natural.

“An image of the chips lies below the sign, while salt is being sprinkled on and around the chips,” the Pringles Salt & Vinegar Chips class action states. “The image gives consumers the impression of freshly baked chips, with the salt flavoring coming from the sprinkled salt and the vinegar flavoring coming from the bottles.” Additionally, the back label of the products allegedly contains the words “no artificial flavors.”

However, the Pringles products allegedly contain malic acid and sodium diacetate which are artificial flavorings. Although malic acid can be found naturally in fruits and vegetables, the malic acid found in the Pringles product is allegedly synthetic and gives the chips the “persistent sour” flavor of vinegar. Similarly, the sodium diacetate is allegedly a synthetic chemical manufactured in a chemical refinery.

Marotto argues that Kellogg is in violation of FDA regulations which require front labels to disclose if a product contains artificial flavoring which “simulate, resemble, or reinforce” the characterizing flavors of the product.

According to the Pringles class action lawsuit, FDA regulations state that if “the label, labeling, or advertising of a food makes any direct or indirect representations with respect to the primary recognizable flavor(s), by word, vignette, e.g., depiction of a fruit, or other means [then] such flavor shall be considered the characterizing flavor.”

Therefore, the Pringles product allegedly violates FDA regulations by using malic acid and sodium diacetate to reinforce the salt and vinegar flavors which comprise the characterizing flavor. Marotto argues that Kellogg should be required to include a statement on the front label informing consumers that the product contains artificial flavoring.

Kellogg faces a similar class action lawsuit in California, alleging that Salt & Vinegar Pringles are falsely depicted as natural.

Marotto seeks to represent a Class of New York residents who purchased Salt & Vinegar Pringles for personal or household use, not for resale. The Pringles class action lawsuit seeks Class certification, an order enjoining Kellogg from further false advertising, restitution, statutory damages, compensatory damages, punitive damages, disgorgement, court costs, and attorneys’ fees.

Marotto is represented by Alexander G. Cabeceiras and Derek T. Smith of Derek Smith Law Group PLLC and John Weston of Sacks Weston Diamond LLC.

The Pringles Salt & Vinegar Chips Class Action Lawsuit is Marotto v. Kellogg Company, et al., Case No. 1:18-cv-03545-AKH, in the U.S. District Court for the Southern District of New York.