A U.S. district judge denied a motion March 7 to throw out a lawsuit arguing that PepsiCo Inc.'s Frito-Lay Inc. division allegedly deceived customers by claiming its potato chips contained all-natural ingredients.
Judge Janis Sammartino, who sits on the U.S. District Court for the Southern District of California, dismissed the motion from Frito Lay, according to a document filed with the court. The failure of the motion means that the class-action case from Barry and Mandy Allred, who purchased products sold under the Lay's brand in California, will proceed. PepsiCo did not respond to multiple requests for comment about the case.
The Allreds' complaint focuses on potato chips with salt and vinegar flavoring manufactured by Frito-Lay's North American division. Although the packaging Frito-Lay used for the chips claims that they are made with natural ingredients, including vinegar, the couple argues that the chips are actually flavored mostly with an artificial form of malic acid.
If true, that allegation could violate California and U.S. laws, the plaintiffs argue in their complaint.
"If a food product's characterizing flavors are not created exclusively by the characterizing flavor ingredient, the product's front label must state that the product's flavor was simulated or reinforced with either or both natural or artificial flavorings," the complaint reads.
"Defendants failed to do so, deceiving consumers and violating California law," it continues.
The couple is also pursuing a similar complaint against Kellogg Co. for chips that company sells under its Pringles label. Kellogg did not respond to requests for comment.
The Allreds first filed their cases against both companies in San Diego County Superior Court in May 2017. Both were transferred to district court in July 2017.
