Kettle Brand Chips “All Natural” Synthetic Content Class Action

Kettle Foods Holdings, Inc. is known for its line of Kettle Brand Chips in a variety of flavors. But the complaint alleges that the company uses “deceptive and misleading practices” in the marketing and sales of these ships, because they are not “natural” or “all-natural” as advertised, because they contain the synthetics citric acid and maltodextrin.

The Nationwide Class for this action is all persons who bought the Kettle brand products at issue within the US and within the applicable statute of limitations period. California and Missouri Subclasses have also been proposed, for those who bought the Kettle brand products within those respective states within the applicable statute of limitations period.

The products included the following Kettle chip flavors:

• Buffalo Bleu
• Dill Pickle Chips
• Jalapeno Chips
• Honey Dijon Chips
• Farmstand Ranch Chips
• Bourbon Barbecue Chips
• Backyard Barbecue Chips
• Wasabi Ranch
• New York Cheddar Chips
• Parmesan Garlic Chips
• Spicy Queso
• Pepperoncini Chips
• Sea Salt & Vinegar Potato Chips
• Organic Sea Salt & Vinegar Potato Chips

The complaint quotes an article on Kettle Foods, Inc. in the Oregon Encyclopedia that claims Kettle was started “to develop products of natural integrity” and to take “natural foods to the world.” The company claims to use “only the best, all-natural ingredients.” It quotes founder Cameron Healy as saying, “When you open a bag of Kettle brand potato chips, you know you’re getting the best tasting, natural chips made with real ingredients by real people.”

Page 4 of the complaint shows an image of the front of a bag of Kettle Brand Potato Chips that bears the phrase, “great taste … naturally.” Page 6 shows shipping boxes of chips bearing the words, in large letters, “All Natural.”

According to the complaint, “[r]easonable consumers …. interpret ‘natural’ to mean that the product does not include artificial ingredients.”

But the complaint alleges that the chips do include artificial ingredients. Specifically, it claims the products include citric acid and maltodextrin.

The complaint claims that “consumers have become increasingly concerned about the effects of artificial and chemical ingredients in grocery products.” They value “natural” products, the complaint alleges, and will pay a premium for them because they believe “that they are safer and healthier than alternative products that are not represented as natural.”

Maltodextrin, the complaint alleges, is “a factory-produced texturizer that is created by complex processing.”

Citric acid, the complaint alleges, “is recognized by the [Food and Drug Administration (FDA)] as an artificial substance. Citric acid is added as a synthetic preservative, flavorant, and acidity regulator. … While the chemical’s name has the word ‘citric’ in it, citric acid is not extracted from fruit. Rather, it is industrially manufactured by fermenting genetically modified strains of black mold fungus Aspergillus niger.”

The complaint claims, “Discovering that the ingredients are not natural and are actually synthetic requires an investigation beyond that of the skills of the average consumer.”

It claims that the representation that the chips are “natural” or “all natural” is “false, misleading, and deceptive[.]”

Article Type: Lawsuit
Topic: Consumer
Tags: All Natural Claims, Breach of warranty, Deceptive Advertising, Deceptive Labels