Kettle Air Fried Potato Chips
Allegations: Falsely advertising products as “Air Fried” when they are fried in oil
July 2015: A federal judge granted final approval of the settlement.
February 2015: The plaintiffs moved for approval of a settlement of this false advertising class-action lawsuit. According to the settlement terms, the company will refund class members $1 for every Kettle Brand® product purchased. Class members without proof of purchase may receive a maximum refund of $10 and class members with proof of purchase may receive a maximum refund of $20. With respect to the “all natural” claims, the company 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.
June 2014: Plaintiffs filed an amended complaint alleging that Diamond Foods, Inc. misleadingly advertises five flavors of Kettle Brand TIAS All Natural Tortilla Chips as all natural– including Nacho Cheddar, Zesty Ranch, Sweet Baja Barbeque, Salsa Picante, and Chili Con Queso – when they actually contain synthetic and artificial ingredients.
May 2014: A federal judge dismissed the complaint when, among other things, the judge found that the complaint did not specify which products, if any, the named plaintiff purchased and which misleading representations plaintiff was actually exposed to and harmed by. The judge gave the plaintiff class 21 days to amend their complaint to fix the problems.
January 2014: A class-action lawsuit was filed against Diamond Foods, Inc. for allegedly falsely marketing various Kettle Brand TIAS Tortilla Chips. Specifically, plaintiffs claim that the company represents the chips are “all natural” when they actually contain unnatural, synthetic, or artificial ingredients. (Surzyn et al v. Diamond Foods, Inc. and Does 1-10, Case No. 14-cv-00136, N. D. CA.).
For more information about other class-action lawsuits filed against Diamond Foods and TINA.org’s coverage of the company, click here.
Allegations: Falsely advertising products as “Air Fried” when they are fried in oil
Allegations: False natural claims
December 2018: The named plaintiff’s claims were voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled.. November 2018: This case was dismissed When a complaint is…
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…
Lawsuit alleges Kettle is cooking up something deceptive with its “air fried” claims.