Crosner Legal is proud to announce that we have successfully prevailed against a motion to dismiss in our class action lawsuit against Campbell Soup Company regarding its Cape Cod Chips product. The plaintiffs, represented by our firm, allege that Campbell misled consumers by advertising that their Cape Cod Chips contained “no artificial preservatives” when, in fact, the product includes citric acid—a commonly used preservative.
In a detailed ruling issued on October 22, 2024, the court rejected the defendants’ argument that the inclusion of citric acid did not qualify as a misrepresentation under California’s consumer protection laws. The court found that the plaintiffs had sufficiently alleged that citric acid, in this case, was artificially produced and functions as a preservative in the product. This directly contradicted the “no artificial preservatives” claim prominently displayed on the chip packaging.
The court also rejected Campbell’s argument that a reasonable consumer would not be misled by the packaging, ruling that the plaintiffs had sufficiently alleged that consumers could be deceived by the representation that the chips were free from artificial preservatives. The judge noted that a consumer could reasonably rely on the “no artificial preservatives” label, unaware that citric acid is present as a preservative, making Campbell’s labeling potentially misleading.
The court’s decision underscores the importance of holding companies accountable for their marketing practices and ensuring transparency for consumers. Although the request for injunctive relief was denied, as the court found that the plaintiffs were unlikely to be deceived again in the future, the court ruled that the false advertising claims would proceed. Additionally, the court declined to dismiss Campbell Soup Company from the case, ruling that Campbell had a sufficiently active role in the marketing and production of the Cape Cod Chips following its acquisition of Snyder’s-Lance, the previous owner of the brand.
This ruling represents a crucial step forward for consumers who deserve honesty in product labeling. If you have purchased Cape Cod Chips or other products based on misleading claims, we encourage you to contact our office for more information on how you may be affected.
For any questions or further information, please contact Crosner Legal:
- Crosner Legal: 9440 Santa Monica Blvd. #301, Beverly Hills CA 90210
- Phone: (866) 276-7637 [CROSNER]
- Email: intake@crosnerlegal.com
- Fax: (310) 510-6429
Thank you for your continued trust in Crosner Legal as we pursue justice on behalf of consumers.
This blog post is intended for informational purposes only and does not constitute legal advice.