Class Action Claims Kettle Foods Misrepresented Chips as Natural and Preservative-Free

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Diamond Foods, LLC, which does business as Kettle Foods, Inc., has been hit with a proposed class action from a consumer who claims the company falsely advertised its potato chip products as being “Made with Natural Ingredients” and having “No Preservatives.”

The specific flavors of Kettle Foods potato chips mentioned in the complaint include:

• Organic Seat Salt & Vinegar Potato Chips;
• Salt & Fresh Ground Pepper Krinkle Cut Potato Chips;
• Backyard Barbeque Potato Chips;
• Chili Lime Potato Chips;
• Buffalo Bleu Krinkle Cut Potato Chips;
• Sour Cream and Onion Potato Chips;
• Pepperoncini Potato Chips;
• Tropical Salsa Potato Chips;
• Fiery Thai Potato Chips;
• Country Style Barbeque Potato Chips;
• Honey Dijon Potato Chips; and
• New York Cheddar Potato Chips.

Filed in New York, the complaint alleges the defendant’s chips contain the synthetic preservative citric acid, making its marketing claims “false, deceptive and misleading.” The case charges that the company has intentionally mislabeled its products in a “reckless disregard for the truth” to take advantage of consumers’ willingness to pay a premium for seemingly healthier food options.