This is a consumer protection action seeking redress for, and a stop to, Defendant’s unfair and deceptive practice of advertising and marketing its line of potato chips (the ” Products”) as “Made with Natural Ingredients” and having no preservatives.
Organic Sea Salt & Vinegar Potato Chips
Salt & Fresh Ground Pepper Krinkle Cut Potato Chips
Backyard Barbecue Potato Chips
Chili Lime Potato Chips
Buffalo Blue Krinkle Cut Potato Chips
Sour Cream and Onion Potato Chips
Pepperoncini Potato Chips
Tropical Salsa Potato Chips
Fiery Thai Potato Chips
Country Style Barbecue Potato Chips
Honey Dijon Potato Chips
New York Cheddar Potato Chips
As alleged, defendant’s “No Preservatives” representations are false, deceptive and misleading because the Products contain the preservative, citric acid. This labeling deceives consumers into believing that they are receiving healthier preservative free beverages even though these products cannot live up to these claims.
The complaint also alleges that Defendant’s “Made with Natural Ingredients'” representations are false, deceptive, and misleading because the preservative, citric acid, is a synthetic compound and thus not natural.