Smartfoods class action claims popcorn products falsely advertise no artificial flavors, preservatives

Smartfoods class action lawsuit overview: 

• Who: A group of consumers filed a class action lawsuit against Smartfoods Inc. and PepsiCo Inc. 
• Why: The consumers claim PepsiCo and its subsidiary Smartfoods falsely advertise that its Smartfood White Cheddar Popcorn and Smartfood Movie Theater Butter Popcorn products contain “No Artificial Flavors” and “No Artificial Preservatives.”
• Where: The class action lawsuit was filed in Illinois federal court. 

A new class action lawsuit alleges that PepsiCo and its subsidiary Smartfoods falsely advertise that their Smartfood White Cheddar Popcorn and Smartfood Movie Theater Butter Popcorn contain no artificial flavors or preservatives when they actually contain both of those things.

A group of consumers claim the Smartfoods popcorns actually contain maltodextrin, a “highly processed and synthetic ingredient” used as both a preservative and flavoring agent. 

“Plaintiffs and Class members have reasonably relied on Defendants’ deceptive labeling and advertising of the Products, reasonably believing that the Products do not contain artificial flavors or artificial preservatives,” the class action says. 

The group wants to represent a California, Illinois and New York class of consumers who purchased the Smartfood White Cheddar Popcorn and Smartfood Movie Theater Butter Popcorn products. 

Consumers paid ‘premium’ price for Smartfoods popcorn, class action claims

The consumers argue they paid a “premium price” for the Smartfoods popcorn products based on their advertising as being free of artificial flavors and preservatives. 

“Had Plaintiffs and Class members been aware of the truth about the Products, they would not have purchased them, or would have paid significantly less for them,” the Smartfoods class action says. 

The class action lawsuit brings claims of unjust enrichment and violations of California, Illinois and New York consumer protection laws. 

The plaintiffs demand a jury trial and request declaratory and injunctive relief and an award of statutory and punitive damages for themselves and all class members. 

Last month, an Illinois federal judge declined to throw out a class action lawsuit filed against Kraft Heinz over similar claims the company falsely marketed that a variety of its Kraft macaroni and cheese products contained no artificial flavors, preservatives or dyes. 

Have you ever purchased Smartfood White Cheddar Popcorn or Smartfood Movie Theater Butter Popcorn? Let us know in the comments.

The plaintiffs are represented by Robert Abiri of Custodio & Dubey, LLP. 

The Smartfoods class action lawsuit is Wilson, et al. v. Smartfoods Inc., et al., Case No. 1:24-cv-12814, in the U.S. District Court for the Northern District of Illinois.

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