fbpx

No Lime in Tostitos “Hint of Lime” Tortilla Chips, Says California Class Action

Do Tostitos “Hint of Lime” tortilla chips actually contain a hint of lime—or no lime at all? This class action brings suit against Frito-Lay North America, Inc., alleging that the advertising and labeling of this flavor of tortilla chips is “deceptive, unfair, and false[.]”

The class for this action is all persons living in California who bought the product since June 24, 2015, for personal, family, or household purposes or consumption, and not for resale.

The complaint alleges that consumers are looking for “indulgences” that provide flavor but that do not seem to be bad for them. The complaint claims, “Companies are increasingly emphasizing their additions of actual fruit ingredients…” In this case, the fruit is limes.

The design of the bag is meant to reinforce the idea of lime. Its primary colors are shades of green and yellowish-green, with a big transparent area front and center in the shape of a wedge of lime. A few drops, presumably from a squeezed lime, appear above the wedge, along with the words, “Hint of Lime.” Also on the front of the bag are the words, “Here’s Another Hint—Squeeze in More Flavor with Some Salsa.”

All of this emphasizes the “hint of lime” theme. But the complaint alleges, “In fact, the Product does not contain any lime at all.” According to the complaint, the product’s “advertising and marketing campaign is false, fraudulent, deceptive, and misleading.”

The package does contain a sort of disclaimer, but it’s far down at the lower left corner. It says “Flavored tortilla chips.” The complaint claims that this is the product’s “statement of identity because it is the common or usual name of the food.”

But its tiny lettering at the very corner of the product does not fulfill the requirements for the statement of identity, which must be “presented in bold type on the principal display panel, [and] in a size reasonably related to the most prominent printed matter on such panel…”

What does the ingredient panel say? It does not list any lime, lime juice, or lime oil. Instead, it shows the words “Natural Flavors” which the complaint calls “ambiguous.” Also, the indication that the chips are “Flavored” means that any lime component is only related to flavor and has no nutritive value.

The complaint alleges, “Because lime juice or lime oil is not a separately identified ingredient, it means that the presence of any real lime is as a flavoring and is a de minimis or a trace amount of the ‘Natural Flavors.’”

According to the complaint, the website for the product adds, after “Natural Flavors,” “(including natural lime flavor),” which is not included in the labeling of the actual product.

The complaint claims that, “[u]pon information and belief,” Frito-Lay added this to its website after March 17, 2021, the date when the plaintiff in this case sent the company a Notice Letter alleging violations of the California Consumer Legal Remedies Act.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

No Lime in Tostitos “Hint of Lime” Tortilla Chips, Says California Complaint

August 25, 2021

Do Tostitos “Hint of Lime” tortilla chips actually contain a hint of lime—or no lime at all? This class action brings suit against Frito-Lay North America, Inc., alleging that the advertising and labeling of this flavor of tortilla chips is “deceptive, unfair, and false[.]”

No Lime in Tostitos “Hint of Lime” Tortilla Chips, Says California Complaint

Case Event History

No Lime in Tostitos “Hint of Lime” Tortilla Chips, Says California Complaint

August 25, 2021

Do Tostitos “Hint of Lime” tortilla chips actually contain a hint of lime—or no lime at all? This class action brings suit against Frito-Lay North America, Inc., alleging that the advertising and labeling of this flavor of tortilla chips is “deceptive, unfair, and false[.]”

No Lime in Tostitos “Hint of Lime” Tortilla Chips, Says California Complaint
Tags: Deceptive Advertising, Deceptive Labels