Kellogg Can’t Dodge Pringles Salt and Vinegar Chips Class Action Lawsuit

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Food giant Kellogg can’t dodge a class action lawsuit alleging Pringles Salt and Vinegar chips are falsely advertised, according to a federal judge.

Lead plaintiffs Barry and Mandy Allred alleged in their class action lawsuit that Kellogg advertises the snacks as all natural when they contain artificial flavoring ingredients including synthetic forms of sodium diacetate and malic acid.

Kellogg tried to dismiss the class action lawsuit, arguing that the plaintiffs did not establish that the chips were falsely advertised; however, U.S. District Court Judge Anthony J. Battaglia disagreed.

“The image certainly gives an impression of freshly baked chips where the salt flavoring comes from the sprinkled salt and the vinegar flavoring comes from the bottles,” noted the judge’s order.

According to the Pringles class action lawsuit, contrary to labeling representations, the Pringles in question are not actually flavored by real vinegar. While a small amount of vinegar is used, other chemicals are the primary contributors to the product’s taste.

Kellogg further argued that the Pringles class action lawsuit failed to establish that the sodium diacetate and malic acid used in the chips were synthetic and contributed to the flavoring. Judge Battaglia again disagreed, noting that the plaintiffs showed that the chemicals are artificial.

“Kellogg argues Allreds’ allegations only raise a possibility that the ingredients being used are artificial,” stated the order. “However, the allegations’ truthfulness is a summary judgment hurdle.”

The food giant contended that reasonable consumers would not be misled by statements made on the Pringles’ labeling; however, the judge pointed out that what a reasonable consumer would find is a question for the jury, not an issue to be determined at summary judgment.

“The front label depicts a chalkboard sign with the words ‘Salt & Vinegar’ along with a pile of salt and two bottles, which impliedly contain vinegar,” points out the order concluding that the Pringles class action lawsuit has pled enough facts alleging a reasonable consumer could believe the chips were naturally and not artificially flavored.

Kellogg also argued that the plaintiffs could have purchased another type of product that doesn’t contain the artificial ingredients. However, pointed out the judge, the Pringles class action lawsuit’s contention is that Salt and Vinegar Pringles are falsely advertised as naturally flavored.

The Pringles class action lawsuit “is not complaining that the product contained malic acid and sodium diacetate, but that there is confusion as to whether the product contains the natural or artificial versions,” states the judge in the order.

The judge also tossed Kellogg’s argument that the Pringles class action lawsuit should be dismissed because the plaintiffs will not buy Pringles Salt and Vinegar chips again and cannot be harmed by the alleged false advertising. The judge pointed out that the plaintiffs potentially face future injury because they cannot rely on Kellogg’s advertising to be truthful, according to their allegations.

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

The Pringles Salt and Vinegar Chips Class Action Lawsuit is Barry Allred and Mandy C. Allred v. Kellogg Company, et al., Case No. 3:17-cv-01354-AJB-BLM, in the U.S. District Court for the Southern District of California.