“Sour Cream” Chips Flavored with Diacetyl, Plaintiff Alleges

A consumer has alleged that Frito-Lay Inc.’s Baked Cheddar and Sour Cream chips use diacetyl to obtain the sour cream flavor without referring to diacetyl as a characterizing flavor. Vado v. Frito-Lay Inc., No. 20-2055 (S.D. Cal., filed October 19, 2020). The complaint asserts that artificial diacetyl, which provides a butter flavor, is used to enrich the taste of sour cream that has been produced from cows raised on a feedlot rather than a pasture. The plaintiff argues that the diacetyl is thus a characterizing flavor of the chips and alleges the chips should be labeled “Cheddar and Artificial Sour Cream Flavored.” The complaint also distinguishes the baked variety of the chips from the brand’s conventional version, which “actually contains sour cream and unlike the Mislabeled Product, real sour cream is listed as an ingredient on the back-label ingredient list.” The plaintiff alleges violations of California consumer-protection statutes as well as unjust enrichment.