The U.S. Food and Drug Administration (FDA) has warned Frito-Lay Inc. about "serious violations of the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food regulation" because its investigators found potato chips to be misbranded "in that the finished product labels did not declare a major food allergen (milk)" in addition to being "prepared, packed or held under insanitary conditions whereby they may have been rendered injurious to health." The warning applied to Ruffles Cheddar & Sour Cream Potato Chips packaged with labels for the wrong type of chips, the Ruffles Original variety, at one facility. At another facility, the company reportedly failed to implement "allergen preventive control procedures to significantly minimize or prevent allergen cross-contact," which require the company to "verify that all visible evidence of prior seasoning is removed" after producing Lay's Limón Flavored Potato Chips.
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A New York federal court has denied class certification to a group of consumers alleging that they were misled by Kellogg Co.'s Pringles Salt & Vinegar chips label into believing the product contained no artificial ingredients. Marotto v. Kellogg Co., No. 18-3545 (S.D.N.Y., entered December 5, 2019). The plaintiff identified himself as a chef who has a deep knowledge of molecular gastronomy and is married to an attorney who works at a law firm seeking to represent the putative class. "Unfortunately, for [the plaintiff], once he popped, the fun did, ultimately, stop," the court noted, explaining that the plaintiff stated he was misled by the sodium diacetate and malic acid on the ingredient list. The court found that the plaintiff "plainly failed to satisfy the predominance requirement" because only four of 20 Pringles labels contained the challenged "No Artificial Flavors" label. "How is the Court supposed to sift through tens…
