BENTON, Ill. (Legal Newsline) — A woman claims that she bought chips, believing the item to have nutritional value based on the labeling, but once purchased, she found that no such ingredients used in the making of the product.
Rachael Barnett, individually and on behalf of all others similarly situated, filed a complaint on May 11, 2021 in the U.S. District Court for the Southern District of Illinois against Frito-Lay North America, Inc. for alleged consumer fraud and deceptive business practices, breaches of express warranty, implied warranty of merchantability and Magnuson moss warranty act, and negligent misrepresentation.
According to the complaint, Barnett purchased a bag of Tostitos brand chips labeled to contain a “Hint of Lime.” Barnett alleges that she purchased the chips, believing them to have lime as part of the ingredients, and that her choice to purchase the chips was based on the company's misrepresentation of containing a healthy ingredient.
"Lime flavor is the concentrated, compounded, synthesized and stripped-down version of lime juice or lime oil, added only for taste instead of nutritive value," the complaint states.
Barnett alleged that the nutrition label ingredients are listed as "Corn, Vegetable Oil (Corn, Canola and/or Sunflower Oil), Maltodextrin (Made from Corn), Salt, Sugar, Natural Flavors, Dextrose, Sour Cream (Cultured Cream, Skim Milk), Whey, Spice, and Yeast Extract." "Natural Flavors" ” is the term used where a mix of extracts and essences from various fruits, along with additives and solvents, are combined in a laboratory and fails to let consumers know that taste is not from actual limes, lime oil or lime extract.
Barnett alleges that this is consumer fraud to advertise having lime as an ingredient and is "false and deceptive representations and omissions are material in that they are likely to influence consumer purchasing decisions," the complaint states.
Barnett seeks product removal or relabeling, monetary damages, costs and expenses for attorneys and experts. Barnett is represented by Spencer Sheehan of Sheehan & Associates, P.C.
U.S. District Court for the Southern District of Illinois case number 3:21-cv-00470-RJD