Class action says Frito-Lay, PepsiCo spy on users who visit websites for Doritos, Gatorade, Cheetos, others

Frito-Lay and PepsiCo class action overview:

• Who: A group of consumers filed a class action lawsuit against Frito-Lay North America Inc. and PepsiCo Inc.
• Why: The plaintiffs say Frito-Lay and PepsiCo unlawfully track consumers who visit their websites without their consent.
• Where: The Frito-Lay class action was filed in California federal court.

A new class action lawsuit accuses Frito-Lay of unlawfully tracking consumers who visit its websites without their consent.

Lead plaintiff Mary Brown filed the class action complaint against Frito-Lay and PepsiCo in California federal court, alleging violations of state privacy laws.

According to the lawsuit, Frito-Lay’s websites, including www.doritos.com, www.lays.com, www.cheetos.com, www.gatorade.com and others, display a cookie consent banner that falsely assures users they can control how their data is tracked.

The plaintiffs claim that even after users reject cookies, the websites still allow third parties, such as Google, Facebook, Twitter, Microsoft, TikTok and Snapchat, to place tracking cookies on their devices and collect personal data.

Frito-Lay websites allegedly use cookies to track user data

The lawsuit argues that the cookies collect information, such as browsing history, visit history, website interactions, user input data and demographic information. This data is then used by third parties to create consumer profiles, perform targeted advertising and share user data with unknown entities for financial gain, the Frito-Lay class action alleges.

The plaintiffs claim that Frito-Lay’s actions violate California’s privacy laws, including the California Invasion of Privacy Act, the California Constitution and the California Wiretap Act. They also allege common law fraud, unjust enrichment and trespass to chattels.

The plaintiffs seek to represent a class of all California residents who visited any of the Frito-Lay websites and rejected non-required cookies during the past four years.

They are suing for invasion of privacy, intrusion upon seclusion, wiretapping, use of a pen register, fraud, unjust enrichment and trespass to chattels. They seek certification of the class action, damages, restitution, disgorgement of profits and a permanent injunction to stop Frito-Lay from continuing the alleged unlawful practices.

Earlier this year, the Federal Trade Commission sued PepsiCo, alleging it gave Walmart better terms and promotional payments than smaller competitors.

What do you think of the claims made in this Frito-Lay and PepsiCo class action lawsuit? Let us know in the comments.

The plaintiffs are represented by Seth A. Safier, Marie A. McCrary, Todd Kennedy and Kali R. Backer of Gutride Safier LLP.

The Frito-Lay class action lawsuit is Brown, et al. v. Frito-Lay North America Inc., et al., Case No. 3:25-cv-06929-JCS, in the U.S. District Court for the Northern District of California.

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