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ARTICLE · 29 JULY 2021

Are "Cheddar & Sour Cream Flavored" Chips Naturally Flavored?

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

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Wise Foods sells a variety of flavors of potato chips, including "cheddar & sour cream flavored" ones. By promoting its chips as being flavored with cheddar cheese and sour cream...

United StatesConsumer Protection
Jeffrey Greenbaum
Jeffrey Greenbaum
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Wise Foods sells a variety of flavors of potato chips, including "cheddar & sour cream flavored" ones.  By promoting its chips as being flavored with cheddar cheese and sour cream, is Wise claiming that its product only contains natural flavors?  That was the issue in a recent lawsuit in the United States District Court for the Southern District of New York. 

The plaintiff sued under New York law, alleging that it is deceptive to advertise the chips as flavored with "cheddar & sour cream" because the product was also flavored with an artificial ingredient, diacetyl, which apparently is a compound that mimics or bolsters the buttery aroma of sour cream. In order to state a claim under Sections 349 and 350 of New York's General Business Law, a plaintiff must allege that the defendant has engaged in consumer-oriented conduct, that is materially misleading, and that caused injury to the plaintiff.  

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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