‘All Natural’ Kettle Chips Contain at Least Two Artificial Ingredients, Class Action Says
Pressnell et al. v. Kettle Foods Holdings, Inc.
Filed: March 25, 2022 ◆§ 6:22-cv-00468
A class action contends that the “all natural” claims on bags of Kettle-brand potato chips are false given the snack contains “at least” two artificial ingredients.
A proposed class action contends that the “all natural” claims found on bags of Kettle-brand potato chips are false given the snack contains “at least” two artificial ingredients.
The 43-page lawsuit says that although Kettle Food Holdings, Inc. prominently touts its popular potato chips as made with “only the best, all-natural ingredients” and as having a “great taste… naturally,” the products contain citric acid and maltodextrin.
According to the complaint, maltodextrin is a factory-produced texturizer created through “complex processing,” whereas citric acid is added to the Kettle chips as a synthetic preservative, flavorant and acidity regulator.
Kettle Food Holdings did not disclose anywhere in its marketing or product packaging that the citric acid and maltodextrin found in the chips are synthetic ingredients, the suit says. The case claims that as a result of the company’s “false, misleading, and deceptive representations,” consumers paid a premium price for items they wrongly believed were “natural.”
“Plaintiffs and the Class Members paid for Products that were ‘natural’ but received Products that were not ‘natural,’” the lawsuit summarizes. “The products Plaintiffs and the Class Members received were worth less than the products for which they paid.”
Per the case, Kettle Food Holdings’ apparent commitment to using only natural ingredients is “evoked through almost every aspect” of the company’s culture and business model. The “all natural” claims at issue can be found not only on product packaging but at the defendant’s Salem, Oregon headquarters in artist renderings of its ideological commitments to freshness, “clean” ingredients and sustainability, the suit says. The representations are also prominently shown on in-store displays and shipping boxes, the filing adds.
The suit stresses that a reasonable consumer is not expected or required to scour the ingredients list on a product’s label so as to “confirm or debunk” what’s represented on the item’s front label. The case alleges Kettle Food Holdings “knew and intended” that consumers would pay a premium for its “all natural” chips over comparable products not labeled and marketed as “natural.”
The lawsuit looks to represent consumers nationwide who bought Kettle-brand chips within the applicable statute of limitations period.
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