Frito-Lay Potato Chips Class Action Lawsuit

Are you actually reading the labels on your food products? A federal class action lawsuit claims Frito-Lay and its parent company PepsiCo “misbrand” their potato chips as healthy by advertising that they contain “0 grams of Trans Fat” while neglecting to point out that they contain more than 13g of fat for every 50g of chips.

The class action lawsuit accuses Frito-Lay of violating federal and California laws that require companies to provide truthful, accurate information on the labels of packaged foods.

“As consumer preferences have begun to favor healthier options, Defendants have chosen to implement a health and wellness strategy to reposition their products as a healthy option,” the Frito-Lay chip class action lawsuit says. “Defendants recognize that health claims drive food sales and actively promote the purported health benefits of their Misbranded Food Products, notwithstanding the fact that such promotion violates California and federal law.”

These deceptive health claims include that Lay’s potato chips are “prepared with healthier oils,” that Frito-Lay’s snack chips “contain 0 grams of Trans Fat, are low in saturated fat and cholesterol-free,” and the claim that Frito-Lay’s snacks contain “good stuff like potatoes, which naturally contain vitamin C and essential minerals.”

Frito-Lay even tells consumers that “Snacking is an important part of a healthy diet” and that “Snacks may benefit special populations including people with diabetes, children and adolescents, older adults, and pregnant women,” the class action lawsuit points out.

“If a manufacturer is going to make a claim on a food label, the label must meet certain legal requirements that help consumers make informed choices and ensure that they are not misled,” the Frito-Lay chip class action lawsuit states. However, Frito-Lay and PepsiCo “have made, and continue to make, false and deceptive claims” in violation of state and federal law.

“Misbranded food is worthless as a matter of law, and purchasers of misbranded food are entitled to a refund of their purchase price,” the lawsuit says.

The Frito-Lay false advertising class action lawsuit is brought on behalf of all California consumers who, within the past four years, purchased Frito-Lay potato chips labeled “0 grams Trans Fat” but which contained more than 13 grams of fat per 50 grams. It is seeking damages, restitution or disgorgement, as well as a cease and desist order banning the companies from selling their allegedly misbranded food products.

A copy of the Frito-Lay Potato Chips Class Action Lawsuit can be read here.

The case is Markus Wilson v. Frito-Lay North America, Inc. and PepsiCo, Inc., Case No. 12-cv-01586, U.S. District Court, Northern District of California, Oakland Division.