Santa Clara, CA: Kellogg is facing a consumer fraud class action lawsuit proposed by consumers who allege its Pringles Salt and Vinegar chip packages falsely advertise that the chips have “natural” vinegar taste when they really contain chemical flavoring.
Filed in California by Barry Allred and Mandy Allred, the complaint asserts Kellogg’s packaging, labeling and advertising deceives consumers into believing Pringles’ salt and vinegar flavor comes from real vinegar.
“Defendants' packaging, labeling, and advertising scheme is intended to, and does, give reasonable consumers the impression they are buying a premium 'all natural' product with natural flavoring ingredients, instead of an artificially flavored product,” the complaint states.
The Allreds claim that the deceptive promotion and labeling of the product enticed them into paying more for what they thought was a premium product.
The Allreds allege that in 2016 they discovered that Pringles Salt and Vinegar chips contain largely artificial flavors, and that while the product does contain traces of real vinegar, it is only present in amounts too small to taste.
The chips’ flavor, the lawsuit alleges, comes from sodium diacetate and malic acid. Although both chemicals occur naturally, the Allreds say the chips contain the synthetic forms.
The Allreds want Kellogg to cease the allegedly misleading packaging and advertising, recall the chips, launch an informational ad campaign, and pay for damages as well as for the cost of the suit. They seek to represent a California class of consumers who purchased the chips in the past six years.
The Allreds are represented by David Elliot of the Elliot Law Firm, and Ronald A. Marron of the Law offices of Ronald A. Marron APLC.
The case is Allred et al v. Kellogg Company et al, case number 3:17-cv-01354 in U.S. District Court for Southern California.
