Kettle Chips Class Action Bites Into Misleading ‘Natural’ Label Claims

A new class action lawsuit claims that Kettle brand chips aren’t “made with natural ingredients” and are not preservative-free, as advertised.

Plaintiff Denise Mason claims that a range of Kettle brand chips, made by Diamond Foods, are falsely advertised as being made with natural ingredients and having no preservatives, but actually contain a synthetic preservative, citric acid. Mason claims that Diamond Foods’ alleged misrepresentation of their product violates consumer protection laws, the Magnuson-Moss Warranty Act, New York General Business Law, and represented a breach of warranty.

The products at issue in the Kettle chips class action lawsuit are:

• Organic Sea Salt & Vinegar Potato Chips
• Salt & Fresh Ground Pepper Krinkle Cut Potato Chips
• Backyard Barbeque Potato Chips
• Chili Lime Potato Chips
• Buffalo Bleu Krinkle Cut Potato Chips
• Sour Cream and Onion Potato Chips
• Pepperoncini Potato Chips
• Tropical Salsa Potato Chips
• Fiery Thai Potato Chips
• Country Style Barbeque Potato Chips
• Honey Dijon Potato Chips
• New York Cheddar Potato Chips

Mason claims she decided to buy Kettle brand chips specifically because they were advertised to be natural and preservative-free, and relied on Diamond Foods’ representation of their product to make that purchasing decision. She claims she would not have purchased the chips at all, or would not have paid as much for them, had she known that they contained a synthetic preservative.

Additionally, Mason claims the company charged a premium for the Kettle brand chips, relying on consumers’ preference for all natural foods, and willingness to pay more for them than for foods that contain preservatives and artificial ingredients. She states that consumers associate foods that are natural and preservative-free with a “wholesome way of life.”

The Kettle chips class action lawsuit goes on to state that “consumers are willing to pay more for less processed products with no additives because of this association, as well as the perceived higher quality, health, and safety benefits associated with products labeled as being free of preservatives.”

Mason seeks damages for herself and all similarly affected consumers, claiming that she and others were financially injured in the amount of what they paid for the chips, because the chips were not what they thought they were purchasing.

Additionally, the Kettle chips class action lawsuit claims that at the point of purchase, Mason and other consumers had no way of discerning the product’s ingredients than to trust the company’s advertisement of their product. The complaint claims that a reasonable consumer would, in fact, be misled by Diamond Foods’ representation of the chips.

Allegedly, Diamond Foods continues to violate consumer protection and business laws, and has not stopped falsely advertising their Kettle chips.

As support for her argument that Kettle chips contain artificial preservatives, Mason notes that the preservative contained in Kettle chips, citric acid, is listed by the Food and Drug Administration as chemical preservative.

This is not the first time the company has come under fire for allegedly falsely advertising their products. In 2015, Diamond Foods settled a class action lawsuit that also alleged Kettle brand chips were not natural or preservative-free.

The company settled the 2015 Kettle chips class action lawsuit to avoid continued costs of litigation, but denied any wrongdoing, and asserted that the marketing and advertisements for the chips adhered to all applicable laws.

Denise Mason is represented by Michael J. Gabrielli of Gabrielli Levitt LLP.

The Kettle Chips False Advertising Class Action Lawsuit is Denise Mason v. Diamond Foods LLC d/b/a Kettle Foods Inc., Case No. 1:18-cv-06423-GHW, in the United States District Court for the Southern District of New York.