Paqui Chips Class Action Challenges ‘Evaporated Cane Juice’ Ingredient

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A class action lawsuit alleges that Paqui chips manufacturer Amplify Snack Brands Inc. misleads consumers by claiming its chips do not contain sugar when they actually do.

The complaint contends that Paqui Roasted Jalapeno Tortilla Chips and Paqui Grilled Habanero Tortilla Chips both state that they have “0g” (zero grams) of sugar, and contain the ingredient “evaporated cane juice.” However, the class action asserts that “evaporated cane juice” is “not juice at all—it is sugar in disguise.”

The Paqui chips evaporated cane juice class action lawsuit cites guidance from the U.S. Food and Drug Administration (FDA) issued in 2016 which states that the term “evaporated cane juice” is “false and misleading because it suggests that the sweetener is ‘juice’ or is made from ‘juice’ and does not reveal that its basic nature and characterizing properties are those of sugar.”

The FDA held that sugar cane is not a vegetable that produces “juice,” as that term is commonly used, just like maple syrup would not be called “tree juice.” Because of this, the FDA proclaimed that the agency “would consider a juice product sweetened with an ingredient derived from sugar cane and labeled as 100% fruit juice to be misbranded.”

The class action lawsuit asserts that this “misbranding” is exactly what Amplify Snack Brands has done with its Paqui chips. “By mislabeling sugar as ECJ and claiming the Products contain 0 grams of sugar, Defendant misleads consumers into thinking the Products have less sugar than they actually contain and/or do not contain added sugar at all,” according to the complaint.

Plaintiff Gayle Greenwood states that she lives in Illinois, and that she has purchased Paqui chips several times, most recently in February of 2017. Plaintiff Dominque Morrison, a resident of Missouri, similarly states that she has purchased several bags of Paqui chips. Both Greenwood and Morrison claim that had they known these products contained added sugar, or sugar disguised under the name “evaporated cane juice,” they either would have paid less for them or would not have purchased them at all.

This is the second class action lawsuit against Paqui chips based on its use of the term “evaporated cane juice” to disguise added sugar. That previous action, states that “no reasonable consumer would know by looking at a product label that the ingredient ‘evaporated cane juice’ is actually sugar.” That action also alleged that Paqui chips were misleading under state consumer protection laws.

Here, this misleading advertising lawsuit asserts claims under Illinois consumer protection law, Missouri consumer protection law, and federal claims of breach of express warranty. The complaint requests certification of all people in the U.S. who purchased the affected Paqui chips for personal use. The lawsuit also asks for subclasses of Illinois and Missouri residents. The class action seeks damages, including punitive damages under state law, and an injunction stopping defendant’s deceptive advertising.

Greenwood and Morrison are represented by Matthew H. Armstrong of the Armstrong Law Firm LLC and Stuart L. Cochran of Steckler Gresham Cochran PLLC.

The Paqui Chips Evaporated Cane Juice Class Action Lawsuit is Gayle Greenwood, et al. v. Amplify Snack Brands Inc., Case No. 3:17-cv-00464, in the U.S. District Court for the Southern District of Illinois.