Hey, That’s Why They Call it ‘Junk Food’

A new consumer class action lawsuit claims Frito-Lay America, inc. told consumers its chips had zero trans fat (the bad stuff) but failed to mention it has 13 grams of total fat in alleged violation of state misbanding law.

Foods are considered misbranded if labeling fails to conform to required nutrient information.  Well, they don’t say the chips are fat-free, but….

“To appeal to consumer preferences, defendants have repeatedly made improper nutrient content claims on products containing disqualifing levels of fat, saturated fat, cholesterol or sodium,” states the suit filed by Pierce Gore of Pratt & Associates in Campbell, California.

Defendants, including Frito-Lay parent company, Pepsico, Inc.,  repleatedly violate the labeling requirements with packaging that “makes ‘0 Trans Fat’ claims despite disqualifying levels of fat that far exceed the 13 gram disclosure threshhold,” the suit states.

Markus Wilson of Santa Rosa, Calif. is the plaintiff.  He allegedly purchase Classic Potato Chips for four years before filing this lawsuit.

The lawsuit also makes claims that the labeling amounts to unfair business practice and violates the advertising provisions of the federal Sherman Antitrust law.

The suit asks for an injunction against future labeling and to, well, “disgorge” the “ill-gotten gains.”

The case was assigned to Magistrate Judge Donna M. Ryu.

Wilson v. Frito-Lay North America Inc., No. C12-1586DMR

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