Kettle TIAS Tortilla Chips Aren’t ‘All Natural,’ Class Action Says

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

A California woman filed a class action lawsuit against Diamond Foods Inc. Thursday for labeling several of its Kettle Brand TIAS Tortilla Chips as “All Natural” when they allegedly contain several unnatural, synthetic ingredients.

Plaintiff Dominika Surzyn filed the class action lawsuit against Diamond on Jan. 9 in the U.S. District Court for the Northern District of California, claiming that the Kettle TIAS All Natural Tortilla Chips are neither “natural” or “all natural” because they allegedly include synthetic ingredients such as maltodextrin and dextrose.

“The ‘All Natural’ claim is false, misleading, and likely to deceive reasonable consumers in the same respect—that being due to their unnaturalness for containing unnatural, synthetic, and/or artificial ingredients,” the class action lawsuit states.

“The products are simply not ‘All Natural,’ therefore rendering defendant’s uniform claim unlawful, fraudulent, unfair, deceptive, misleading, and/or likely to deceive reasonable consumers,” Surzyn adds.

Surzyn names five varieties of Kettle TIAS Tortilla Chips — Nacho Cheddar, Zesty Ranch, Salsa Picante, Sweet Baja Barbeque, Chili con Queso — that she alleges all contain synthetic ingredients that negate the “all natural” label.

The synthetic ingredients at issue are maltodextrin and dextrose.

“Maltodextrin is a saccharide polymer that is produced through partial acid and enzymatic hydrolysis of corn starch,” according to the Kettle TIAS tortilla chips class action lawsuit. “The acid hydrolysis process is specifically deemed to be a relatively severe process that renders an ingredient no longer ‘natural.'”

The California woman also describes how dextrose is made.

“Dextrose is enzymatically synthesized in a similar manner, crystallizing D-glucose with one molecule of water,” the class action lawsuit states.

“Synthetic chemicals are often used to extract and purify the enzymes used to produce maltodextrin and dextrose,” Surzyn further describes. “The microorganisms, fungi, and bacteria used to produce these enzymes are also often synthetically produced.”

She claims that Diamond labels the TIAS tortilla chips “all natural” in spite of the presence of these synthetic ingredients all so the company can sell the products for top dollar and to make a profit.

“[Diamond] engaged in this misleading and deceptive campaign to charge a premium for the products and defendant is well-aware that claims of food being ‘all natural’ are material to consumers,” Suzryn alleges.

The class action lawsuit cites a survey from the Consumers Union that found that 86% of consumers understand the term “natural” to mean that the product doesn’t have any artificial ingredients in it.

“Reasonable consumers frequently rely on food label representations and information in making purchase decisions,” the class action says. “Here, plaintiff and the other class members reasonably relied to their detriment on defendant’s misleading representations and omissions.”

She added that Diamond’s “misleading affirmative statements about the ‘naturalness’ of its products obscured the material facts that defendant failed to disclose about the unnaturalness of its products.”

Surzyn is charging Diamond with violating the false advertising, the unfair and fraudulent prongs, and unfair competition sections of California business law as well as the California Consumers Legal Remedies Act and negligent misrepresentation.

The plaintiff is represented by Benjamin M. Lopatin of the Law Offices of Howard W. Rubinstein PA.

The Kettle TIAS Tortilla Chips Class Action Lawsuit is Dominika Surzyn v. Diamond Foods Inc., Case No. 4:14-cv-00136, in the U.S. District Court for the Northern District of California.

UPDATE: A federal judge tossed the Kettle TIAS tortilla chips class action lawsuit on May 28, 2014, but will allow the plaintiff to amend her claims and try again.