Riceworks Chips Class Action Lawsuit Crunches ‘All Natural’ Claims

A new class action lawsuit against Shearer’s Foods LLC over its Riceworks Gourmet Brown Rice chips is the latest in a string of lawsuits alleging that food makers are not conforming to the representations made on their food package labels.

Growing consumer demand for foods that lack synthetic ingredients and include healthier sources of vitamins and minerals has triggered a sub-industry worth billions of dollars. It has also led to growing litigation over deceptive marketing and labeling claims against companies accused of trying to cash in on this demand.

Lead plaintiff Elizabeth Bohlke alleges in the Riceworks class action lawsuit that she bought Riceworks Sweet Chili chips at a Florida supermarket based on package representations that it would contain “No Artificial Ingredients” and was an “All Natural” product. However, her class action lawsuit alleges that is not true and is seeking damages on behalf of all Florida residents who purchased these products since May 2010.

At issue in the Riceworks class action lawsuit are three critical ingredients: masa corn flour, canola oil, and maltodextrin. The latter is a common ingredient in processed food but is only derived from a process that involves corn, as is the flour. Canola oil is a common ingredient, but the false advertising class action lawsuit alleges that it is an unnecessary for products including the Riceworks Sweet Chili gourmet brown rice crisps.

The Riceworks chips class action lawsuit also cites the company’s own website which has a frequently asked questions section. In it, the company states: “Why are riceworks® more expensive than potato chips? A. riceworks® are made with care using high quality, natural ingredients to ensure you are eating an altogether healthier snack than potato chips.” Were that true, the plaintiff say consumers would be willing to pay the premium asked by the company.

The class action lawsuit places a special emphasis on the fact that it not attempting to contravene any regulations, such as those promulgated by the Food and Drug Administration. Instead, the putative class action lawsuit is seeking damages based on violations of Florida’s Deceptive and Unfair Trade Practices, negligent misrepresentation, breach of express warranty, violations of the Magnusson-Moss Warranty Act and unjust enrichment.

In addition to compensatory damages, plaintiffs are seeking an injunction banning the usage of “all natural” and “no artificial ingredients” labeling on the Riceworks snack products.

Bohlke is represented by class action lawyers Joshua H. Eggnatz of The Eggnatz Law Firm PA and Howard W. Rubinstein of The Law Offices of Howard W. Rubinstein PA.

The Riceworks Chips Class Action Lawsuit is Elizabeth Bohlke v. Shearer’s Foods LLC, Case No. 14-cv-80727, in the U.S. District Court for the Southern District of Florida.