Campbell’s sued for allegedly mislabeling Cape Cod Chips as preservative-free

Campbell’s chips class action overview:

• Who: Plaintiff Jaqueline Dushaj filed a class action lawsuit against The Campbell’s Company.
• Why: Dushaj claims Campbell’s falsely advertises its Cape Cod brand potato chips as not containing any artificial preservatives.
• Where: The Campbell’s class action was filed in New York federal court.

A new class action lawsuit accuses Campbell’s of falsely advertising its Cape Cod brand potato chips as not containing any artificial preservatives.

Plaintiff Jaqueline Dushaj filed the class action complaint against Campbell’s on July 7 in New York federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, Campbell’s Cape Cod potato chips claim to contain either “No Artificial Flavors or Preservatives” or “No Artificial Colors, Flavors or Preservatives.”

However, these claims are false and/or misleading because the chips contain citric acid, a well-known preservative commonly used in food products, Dushaj alleges.

Dushaj claims the company’s representations are featured on the products’ labeling to induce health-conscious consumers to purchase food products that are free from preservatives.

“Defendant markets its products in a systematically misleading manner by misrepresenting that the products do not contain preservatives,” the Campbell’s class action says.

Campbell’s profited unjustly from false advertising, lawsuit alleges

Dushaj alleges Campbell’s has profited unjustly as a result of its deceptive conduct.

The lawsuit claims the company’s misrepresentations seek to capitalize on consumers’ preference for products with no preservatives.

“Reasonable consumers would attach importance to a representation that a product has ‘No Artificial Flavors or Preservatives’ or ‘No Artificial Colors, Flavors or Preservatives’ because research demonstrates that a majority of consumers place importance on preservative-free claims,” the Campbell’s class action says.

As a result, Dushaj says she and other consumers purchased the chips thinking they were free of artificial preservatives, when in fact they were not. She is looking to represent anyone who purchased the products in New York in the past three years.

She is suing for violations of New York General Business Law, breach of express warranty and unjust enrichment and is seeking certification of the class action, damages, fees, costs and a jury trial.

Earlier this year, Pepperidge Farm was accused of falsely advertising that its Goldfish Flavor Blasted Baked Snack Crackers contain no artificial flavors or preservatives, even though they contain citric acid.

What do you think of the claims made in this Campbell’s class action? Let us know in the comments.

The plaintiff is represented by Frederick J. Klorczyk III of Kamberlaw LLC.

The Campbell’s chips class action lawsuit is Dushaj v. The Campbell’s Company, Case No. 7:25-cv-05572, in the U.S. District Court for the Southern District of New York.

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