Kettle Brand Chips and Kettle Brand TIAS Tortilla Chips

July 2015: A federal judge granted final approval of the settlement.

February 2015: The plaintiffs in a false advertising class-action lawsuit brought against Diamond Foods moved for approval of a settlement agreement. The complaint, which was originally filed in January 2014, alleges that the company misleadingly markets its Kettle Brand Chips and Kettle Brand TIAS Tortilla Chips as “All Natural” when they actually contain synthetic and artificial ingredients.

According to the proposed settlement, class members will get a $1 refund for every Kettle Brand® product purchased (those without proof of purchase may receive a maximum refund of $10, and those with proof of purchase may receive a maximum refund of $20). With respect to the “all natural” claims, the company has agreed to take steps to ensure that ingredients comply with its “Natural Promise” (e.g., the company will provide its “Natural Promise” criteria to its ingredient suppliers and require them to verify that their ingredients comply with the criteria).

The settlement, if approved, will also resolve two other lawsuits making similar allegations. To learn more about the other cases, click on the case information below.

• Hall et al v. Diamond Foods, Inc., Case No. 14-cv-2148, N. D. CA.
• Surzyn et al v. Diamond Foods, Inc., Case No. 14-cv-136, N. D. CA.

(Klacko et al v. Diamond Foods, Inc., Case No. 14-cv-80005, S. D. FL.)