Artificially Flavored Chips Case Dismissed
On July 26, 2021, the U.S. District Court for the Southern District of New York dismissed a proposed class action against Wise Foods, Inc.
The case challenged the labeling of “Cheddar & Sour Cream Flavored” chips. Represented by prolific food class action firm, Sheehan & Associates, the plaintiff alleged that the product was misleadingly labeled because it contains diacetyl, an artificial ingredient with a buttery flavor, and that the product should have been labeled “artificially flavored” as required under 21 C.F.R. § 101.22(i)(2).
The Court granted Wise Foods’ motion to dismiss, stating that reasonable consumers would not reach a sweeping conclusion that “Cheddar & Sour Cream Flavored” would indicate the absence of other flavor ingredients, artificial or not. Judge J. Paul Oetken also noted that an alleged violation of federal labeling regulations does not prove in itself a violation of state law.