July 29, 2020

Frito-Lay Fights Class Action Over Cheddar and Sour Cream Flavor

Class action lawyers griping about bags of potato chips forgot to include evidence to support their lawsuit, according to a report in Legal Newsline.

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.

Frito-Lay 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. Frito-Lay also point out that 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.

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