Frito-Lay class action alleges SunChips falsely advertised as 100% whole grain

SunChips class action overview:

• Who: Plaintiff Emilie Baum filed a class action lawsuit against Frito-Lay Inc.
• Why: Baum alleges the company falsely advertises that its SunChips brand snacks are made with 100% whole grain.
• Where: The SunChips class action lawsuit was filed in California federal court.

A new class action lawsuit accuses Frito-Lay of falsely advertising  its SunChips brand snacks as being made with 100% whole grain.

Plaintiff Emilie Baum filed the class action complaint against Frito-Lay Inc. on June 5 in a California federal court, alleging violations of state and federal consumer laws.

Baum claims Frito-Lay markets its SunChips Original, Harvest Cheddar, Garden Salsa, Honey BBQ, French Onion, Peppercorn Ranch, Sweet Potato & Brown Sugar, and Monterey Jack & Sundried Tomato snacks as containing 100% whole grains despite them containing maltodextrin, a refined grain made from corn.

Baum notes Frito-Lay prominently features the phrase “100% Whole Grain” on the center of each SunChips package, and “Whole Grain Snacks” on the bottom left of the package.

“This representation increases sales and induces customers to purchase SunChips and pay more than they otherwise would for the products,” the SunChips lawsuit says.

Baum alleges that Frito-Lay prominently displays the “100% Whole Grain” claim on SunChips packaging and marketing materials, leading consumers to believe that the products are healthier than they actually are.

Class action: Frito-Lay knew or should have known SunChips claims were false

Frito-Lay’s marketing of SunChips as 100% whole grain is misleading and has caused consumers to pay more for the products than they would have if they had known the truth, Baum alleges.

Baum argues Frito-Lay knew or should have known that the inclusion of maltodextrin in SunChips made the “100% Whole Grain” claim false and misleading, but continued to make the claim in order to boost sales.

Baum is seeking to represent anyone in California who purchased SunChips that were advertised as 100% whole grain. She is suing for violations of California consumer protection laws and seeking certification of the SunChips class action lawsuit, damages, fees, costs and a jury trial.

Earlier this year, Frito Lay issued a recall for a limited number of Tostitos Cantina Traditional Yellow Corn Tortilla Chips due to the potential inclusion of nacho cheese tortilla chips, posing a risk for individuals with milk allergies or sensitivities

What do you think of the allegations made in this SunChips class action lawsuit? Let us know in the comments.

The plaintiff is represented by David A. Baldwin of the Law Office of David Baldwin and Levi M. Plesset of the Law Office of Levi Plesset.

The SunChips class action lawsuit is Emilie Baum v. Frito-Lay Inc., Case No. 5:25-cv-01408 in the U.S. District Court for the Central District of California.

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