Class Action Lawsuit Alleges Cape Cod Potato Chips Not as Preservative-Free as Advertised

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A proposed class action lawsuit claims that The Campbell’s Company has misled consumers by marketing Cape Cod potato chips as free from preservatives, given that the snacks contain the common food additive citric acid.

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The 23-page lawsuit contends that despite the overt label statement that Cape Cod potato chips contain “No Artificial Flavors or Preservatives” or “No Artificial Colors, Flavors or Preservatives,” the products are made with citric acid, which is classified as a preservative by the United States Food and Drug Administration. The preservative-free misrepresentation is designed to entice health-conscious consumers in search of products that are more natural or less processed, the class action suit alleges.

The Cape Cod potato chips lawsuit takes issue with the preservative-free claim featured on the following snack varieties:

• Sea Salt & Vinegar;
• Sweet & Spicy Jalapeno;
• Sweet Mesquite Barbeque;
• Sea Salt & Cracked Pepper;
• Sour Cream & Onion;
• Less Fat Aged White Cheddar & Sour Cream;
• Less Fat Sea Salt & Vinegar;
• Less Fat Sweet Mesquite Barbeque;
• Honey BBQ Waves;
• Jalapeno Ranch Waves; and
• White Cheddar & Sour Cream Waves.

According to the case, citric acid is frequently used in food products to help prevent oxidation and microbial growth. The complaint asserts that the potato chips’ labeling is deceptive because citric acid functions as a preservative regardless of whether it is added for another purpose, such as a flavoring agent.

The filing charges that consumers would not have paid as much for Cape Cod potato chips, or bought them at all, had they known the snacks were falsely advertised as preservative-free.

The lawsuit looks to represent all individuals who, in the past three years, purchased the Cape Cod potato chips listed on this page within New York for personal, family or household purposes, and not for resale.

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