Kettle ‘Air Fried’ Potato Chips

Out of the frying pan into the air fryer?

A class-action complaint filed against Campbell’s alleges that the company markets certain varieties of its Kettle potato chips as “air fried” and therefore healthier than traditional chips when just like traditional chips, the chips are fried in oil.

According to the Kettle website, its three flavors of “air fried” chips – Himalayan salt, sea salt and vinegar and jalapeño – are “batch cooked in kettles then air fried for a light and crispy crunch.” (Emphasis added.)

The plaintiff, a California consumer, claims in the lawsuit that he was just trying to be a good boyfriend when he purchased a bag of Kettle “air fried” potato chips.

On the date he first purchased the Product, Plaintiff was looking for a healthy snack for his girlfriend, knowing that she was very health conscious. In this process, Plaintiff saw the Product’s label, which stated “Air Fried” and purchased the Product believing that the Product [was] cooked by means of an air fryer; that is, a potato chip cooked completely by convection currents in air and that it was not fried in a vat of oil.

There’s no indication in the lawsuit the effect this had on the relationship.

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The complaint alleges that the phrase “Kettle Cooked Air Finished” on the front and back labels “does not remedy the deceptive nature of the ‘Air Fried’ representation” for a number of reasons, including that the phrase appears in much smaller type than “Air Fried” on product packaging.

The lawsuit also cites alleged false and misleading statements in other marketing materials, such as this commercial featuring a giant air fryer that has been viewed more than 43 million times on YouTube (with fine print noting that “Chips are kettle-cooked then air-fried.”)

The plaintiff asks the court to require that Campbell’s cease the deceptive practices alleged in the complaint. The lawsuit seeks compensatory and punitive damages, among other things.

In response to a media inquiry by TINA.org, Campbell’s said it doesn’t comment on ongoing litigation.

This is not the first time Campbell’s “air fried” claims for its Kettle potato chips have come under scrutiny. Last month, after Frito-Lay challenged the claims with the National Advertising Division, the self-regulatory group decided not to review the claims due to the California boyfriend’s pending case.

Find more of our coverage on snack food here.