SANTA ANA, Calif. (Legal Newsline) – Class action lawyers griping about bags of potato chips forgot to include evidence to support their lawsuit, the maker of Ruffles says.
Frito-Lay on July 24 filed a motion to dismiss a proposed class action lawsuit that claims the company should put the words “artificially flavored” on the front of bags of Cheddar & Sour Cream Ruffles.
“This case is a textbook example of a complaint unsupported by reasonable investigation…” the motion says.
“(T)he complaint does not allege any factual support for Plaintiff’s claim that an ‘artificially flavored’ statement is required.”
Tami Svensrud, on behalf of herself and all others similarly situated, filed a complaint in the Orange County Superior Court against Frito-Lay earlier this year, alleging violation of the Consumers Legal Remedies Act, California's Unfair Competition Law, and the California Unfair Advertising Law. The defendant removed the case to federal court on April 10.
Svensrud alleges in her complaint that Frito-Lay is misleading consumers because it does not properly label its Ruffles Cheddar & Sour Cream potato chips in such a way so that consumers can clearly see the product contains artificial flavoring, coloring and chemical preservatives.
Svensrud claims Frito-Lay hides its artificial flavoring by alluding to the wording "artificial flavors" in the ingredient list and buries the word "flavor" in an "inconspicuous location" on the front label.
“In high-level conclusory terms, Plaintiff alleges only that the Product uses an ‘artificial butter flavor’ and ‘cheddar cheese flavor,’” Frito-Lay says.
“But the complaint does not identify what the allegedly artificial ingredients are, much less why these unnamed ingredients require an artificially flavored label under federal regulations.”
Frito-Lay also says the lawsuit is preempted by the Food, Drug & Cosmetic Act because the Food and Drug Administration has already regulated when a product must disclose it has artificial flavors on the front of the package.
The disclosure is required when artificial flavors stimulate the characterizing flavors, like cheddar and sour cream on the chips.
The lawsuit does not allege what artificial flavors are associated with cheddar or sour cream, Frito-Lay says.
“Plaintiff must do at least some work before imposing the heavy burdens of litigation on Frito-Lay. The complaint shows that she did not,” the company says.
The plaintiff is represented by Aashish Desai and Adrianne De Castro of The Desai Law Firm in Costa Mesa, California.