Tostitos “Hint of Lime” Chips Has No Lime at All, Class Action Lawsuit Alleges
A proposed class action lawsuit asserts that Tortilla chips called “Hint of Lime” by Tostitos are falsely labeled in that they contain no lime at all, which is not disclosed to consumers.
Frank Ortega et al., v. Frito-Lay North America, Inc
Plaintiff Frank Ortega filed the case in California on August 25, alleges that defendant Frito-Lay North America mislabeled its “Hint of Lime” chips, deceiving consumers who were unaware that the product was different from the label and had no lime in it at all. In addition, the plaintiff is asserting claims for violations of state and federal consumer protection laws.
Those who purchased Tostitos “Hint of Lime” tortilla chips for personal, household, or family consumption rather than resale since June 24, 2015, can participate in the lawsuit.
According to the lawsuit, consumers have paid a higher price for a product that they might not have purchased at all if they had realized that lime was not one of the chips’ ingredients before purchasing it.
Moreover, the plaintiff and reasonable consumers have a fair belief, definition, and assumption that tortilla chips are labeled as containing a ‘HINT OF LIME’ with the tagline, ‘HERE’S ANOTHER HINT — SQUEEZE IN MORE FLAVOR WITH SOME SALSA!’ include some quantity of actual lime. Despite the name, the product does not include any lime at all.
The suit notes that the front of the “Hint of Lime” tortilla chip box prominently states that the chips contained a hint of lime. According to the complaint, this image is presented in large, bold font to attract a consumer’s attention immediately. Below is a remark encouraging a buyer to “…squeeze in more flavor with some salsa.” According to the complaint, the implication of the product’s packaging causes customers to believe that the chips already have a hint of lime, which constitutes the majority of its flavor profile.
Flaws in Package Disclosure
However, the complaint alleges that a “disclaimer” labeled “Flavored Tortilla Chips” in the lower left part of the bag of chips is not visible to consumers at the point of purchase. According to the lawsuit, this information is required by federal and state food labeling regulations to be displayed in bold type on the main display panel of the product label and in lines — generally parallel to the base on which the package is supposed to be displayed.
According to the lawsuit, while the “Flavored Tortilla Chips” disclaimer is in bold format, its size and placement violate food labeling rules.
The Plaintiff’s Demands
Ortega claims that he purchased the tortilla chips from a California Target with the expectation that they would include at least a trace bit of lime.
Claims of unfair competition and false advertising are included in his lawsuit. He also alleges express warranty violation and unjust enrichment.
Lastly, Ortega is seeking to have the class action certified, as well as damages, interest, fees, and costs, and a jury trial.
Editor’s Note on Hint of Lime Chips Class Action Lawsuit 2021:
This article is written to inform you of the class action lawsuit filed against Frito-Lay, maker of Tostitos chips, over false advertisement of their Hint of Lime product. A similar class action was filed against Boston Beer over their Truly Black Cherry Hard Seltzer.
Case Name & No.: Frank Ortega et al., v. Frito-Lay North America, Inc, Case No. 2:21-cv-06849-ODW-GJS
Jurisdiction: U.S. District Court Central District of California
Products/Services: Tostitos “Hint of Lime” chips
Allegations: Frito-Lay allegedly falsely labeled its Tostitos “Hint of Lime” chips
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