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Frito-Lay Faces Consumer Fraud Class Action over Health Claims

San Franicisco, CA: A federal consumer fraud class action lawsuit has been filed against PepsiCo and its subsidiary Frito-Lay, alleging they "misbrand"their potato chips as healthy because they contain "0 grams of Trans Fat." However, the lawsuit contends, the advertising does not point out that every 50 chips contains more than 13g of fat .

Specifically, the class action lawsuit accuses Frito-Lay of violating federal and California laws that require companies to provide truthful, accurate information on the labels of packaged foods.

"As consumer preferences have begun to favor healthier options, Defendants have chosen to implement a health and wellness strategy to reposition their products as a healthy option,"the Frito-Lay fraud class action lawsuit states. "Defendants recognize that health claims drive food sales and actively promote the purported health benefits of their Misbranded Food Products, notwithstanding the fact that such promotion violates California and federal law."

Among the deceptive health claims included in the Lay' potato chips advertising are that the chips are "prepared with healthier oils,"that Frito-Lay' snack chips "contain 0 grams of Trans Fat, are low in saturated fat and cholesterol-free,"and that the chips contain "good stuff like potatoes, which naturally contain vitamin C and essential minerals."

The consumer fraud class action also notes that Frito-Lay tells consumers that "nacking is an important part of a healthy diet"and that "nacks may benefit special populations including people with diabetes, children and adolescents, older adults, and pregnant women."

According to the lawsuit, "If a manufacturer is going to make a claim on a food label, the label must meet certain legal requirements that help consumers make informed choices and ensure that they are not misled."However, PepsiCo and Frito-Lay "have made, and continue to make, false and deceptive claims"in violation of state and federal law. Furthermore, lawyers for the plaintiffs contend, "Misbranded food is worthless as a matter of law, and purchasers of misbranded food are entitled to a refund of their purchase price."

The Frito-Lay consumer fraud class action lawsuit is brought on behalf of all California consumers who, have purchased Frito-Lay potato chips labeled "0 grams Trans Fat"but which contained more than 13 grams of fat per 50 grams and purchased those chips within the past four years. The lawsuit is seeking damages, restitution or disgorgement, as well as a cease and desist order banning the companies from selling their allegedly misbranded food products.

Frito-Lay Potato Chip Class Action Legal Help

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Published on Apr-5-12


Posted by

Hello, please include me in this class action suit when needed. I have used this product a lot because of my heart issues, with the low Trans. fat claim. My family also have used this product but not as much as myself. I live in Michigan but have worked and lived in CA for about two years. I'm on SS disability now because of health issues.


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