A plaintiff has alleged that Frito-Lay North America Inc. fails to include a mandated front-of-package disclosure that its Cheddar and Sour Cream chips are flavored with artificial flavoring. Ithier v. Frito-Lay N. Am. Inc., No. 20-1810 (S.D.N.Y., filed March 1, 2020). The complaint asserts that “[b]ased on flavor composition analysis of the Products, the artificial flavor consists of compounds associated with butter flavor,” and “butter flavor is known as enhancing and boosting the flavor of cheddar cheese.” Thus, according to the plaintiff, the flavor of the chips should be listed as “Artificially Flavored Cheddar & Sour Cream.” The plaintiff alleges fraud, unjust enrichment, negligent misrepresentation, breach of warranties and a violation of New York’s consumer-protection statute, and he seeks class certification, injunctive relief, damages and attorney’s fees.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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