Cape Cod Potato Chips are the subject of a class action lawsuit that takes issue with a claim on the brand's packaging.
The makers of the kettle cooked snack are accused of falsely advertising the made-in-Massachusetts products as having no artificial ingredients. Plaintiff Rozaliya Ripa filed the lawsuit in a New York federal court in late October.
Ripa says she bought the sea salt & vinegar-flavored chips in August at a Brooklyn Stop & Shop for $3.99. The outside of the chip bag states "No Artificial Colors, Flavors or Preservatives."
"Defendant makes these natural claims in an effort to capitalize on the growing market for natural products. Health-conscious consumers are willing to pay a price premium for products labeled and advertised as natural because they believe that such products are safer and/or healthier to consume," the lawsuit states. "But, unfortunately for consumers, the Products contain an ingredient that is not natural: synthetic citric acid."
The lawsuit cites the U.S. Department of Agriculture in saying that citric acid is used to add flavor or act as a preservative in food. It says natural citric acid is "no longer commercially available" because it's too expensive, and only synthetic citric acid made with "industrial chemicals" is used for packaged foods.
The Cape Cod chip brand has been owned by The Campbell's Company since 2018.
"We decline to comment on this pending litigation," a spokesperson for Campbell's said in a statement to WBZ-TV.
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