$4M Deep River Potato Chips Settlement Resolves Lawsuit Over ‘Non-GMO Ingredients’ Label

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Old Lyme Gourmet Co. has agreed to pay a $4 million settlement to resolve two proposed class action lawsuits that claimed the “Non-GMO Ingredients” label on packages of certain Deep River-brand potato chips was misleading to consumers.

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The official website for the Deep River chips class action settlement can be found at PotatoChipsSettlement.com. The $4,000,000 deal covers anyone in the United States who purchased any of the products listed on this page between February 2, 2017 and December 6, 2024 for personal or household use.

According to the lawsuits against Old Lyme Gourmet Co., which does business as Deep River Snacks, the “Non-GMO Ingredients” graphic featured on certain packages of chips gave consumers the impression that the products were certified by a third party—such as the Non-GMO Project—as free from genetically modified ingredients.

Per the settlement agreement, the products at issue—which the class action suits alleged were not certified by a third party—include the following varieties of Deep River chips labeled with a “Non-GMO Ingredients” graphic:

• Pink Himalayan Sea Salt;
• Pink Himalayan Salt & Vinegar;
• Apple Cider Vinegar;
• Rosemary & Garlic;
• Fire Roasted Garlic & Onion;
• Mango Habanero;
• All Dressed Up;
• Honey BBQ;
• Sour Cream and Onion; and
• Aged Cheddar Horseradish.

To receive a Deep River potato chips settlement cash payout, class members must file a valid claim form online or by mail by July 28, 2025.

You can submit a claim form online on this page, or you may download the PDF claim form to print and return by mail to the settlement administrator.

Class members who file a valid, timely claim form with proof of purchase are eligible to receive $5 for the first claimed product and $0.50 for each additional item, without limitation, the website says.

Consumers who submit a claim form without proof of purchase are entitled to receive the same cash benefits but are capped at a maximum of 10 additional claimed products, the site shares.

Per the website, class members who file a claim for products both with and without proof of purchase will have their cash payments combined.

“For example, a Settlement Class Member may make a Valid Claim for 6 Products with Proof of Purchase (for $7.50), and 3 Products without Proof of Purchase (for $6.00) for a total of $13.50,” the site explains.

In addition to providing consumers with cash payments, the company has agreed to stop using the “Non-GMO Ingredients” graphic on product packaging, the website mentions.

The Deep River settlement was preliminarily approved by the court on December 6, 2024. Next, the court will determine whether to grant final approval to the terms of the deal at a hearing scheduled for May 15, 2025.

The site notes that settlement payouts will be issued to eligible class members only after the deal receives final approval and any appeals are resolved.

Did you know that some class action settlements require no proof to submit a claim? Check out the latest open class action settlements.