Bloomberg Law
March 9, 2018, 8:42 PM UTC

Frito-Lay Can’t Halt Consumer Suit Over Natural Ingredients

Bruce Kaufman

Frito-Lay Inc. failed to win dismissal of a would-be class action alleging its Salt and Vinegar Flavored Potato Chips are misleadingly labeled as only containing natural ingredients.

The suit by consumers Barry and Mandy Allred can move closer to trial, the U.S. District Court for the Southern District of California said March 7.

The defense argued the suit should be dismissed because the alleged harm could have been avoided by reading the product label.

The plaintiffs overcame that argument by alleging the product contained malic acid, an undisclosed artificial ingredient, the court said.

The defense also argued that California’s statute of limitations limits damages to those who ...

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