Class Action Claims Consumers Misled by Label on Tostitos ‘Hint of Lime’ Chips

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A proposed class action claims the label on bags of Frito-Lay North America’s Tostitos “Hint of Lime” chips is misleading to consumers as to the relative amount and quantity of lime in the product.

Per the case, Tostitos “Hint of Lime” chips contain, contrary to consumers’ expectations, only a trace amount of lime. The lawsuit claims defendant Frito-Lay has misrepresented the snack product through “affirmative statements, half-truths, and omissions,” and sold more of the chips, and at higher prices, than it otherwise would have “in absence of this misconduct.”

The case relays that the front-label representations on bags of Tostitos include the statement “Hint of Lime,” a transparent cut-out of a lime slice, a green and yellow color palette and the statement “Here’s Another Hint – Squeeze in More Flavor With Some Salsa.” According to the suit, these representations falsely imply to consumers that the corn chips contain more lime than they actually do. Consumers, the lawsuit says, understand “hint” to mean “a slight but appreciable amount.”

In truth, the Tostitos “Hint of Lime” chips contain only a trace amount of lime, the lawsuit alleges. While the front of the bag “attempts a ‘disclaimer’ in the lower left corner” by stating “Flavored Tortilla Chips,” this statement is not readily visible to consumers because the weight of the chips causes the bag to “crumple over slightly at the bottom,” the suit says. Moreover, even if consumers did see the “Flavored Tortilla Chips” statement, they would not understand it to mean that the product did not contain an appreciable amount of lime, particularly when viewed in light of the other label representations, the case argues.

“Reasonable consumers will not know that ‘Flavored Tortilla Chips’ is an implicit admission that the Product does not contain a ‘Hint of Lime,’ but a de minimis amount of lime,” the complaint contends.

Moreover, the product’s ingredients list fails to clarify the amount of lime in the tortilla chips because it disclaims only the use of “Natural Flavors,” the suit says.

“‘Natural Flavors’ fails to tell consumers that the Product’s taste is not only from limes and has a negligible amount of lime,” the lawsuit argues, asserting that any real lime, because lime is not identified as a separate ingredient, is “present as a flavoring,” and makes up only a trace amount of the “Natural Flavors.”

Per the lawsuit, the Tostitos chips lack compounds that are “essential to a lime’s taste” and therefore lack the authentic taste of limes.

The case claims consumers have lost out on not only taste but the nutritive and health benefits of real limes by purchasing the defendant’s product. According to the suit, consumers would not have purchased the Tostitos “Hint of Lime” chips, or would have paid less for them, had they known the truth about the product’s lime ingredients.

The lawsuit looks to represent Illinois residents who purchased the Tostitos “Hint of Lime” product during the applicable statute of limitations.

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