On November 14, 2021, a class-action lawsuit was filed in an Illinois District Court against Inventure Foods, Inc. for allegedly falsely and deceptively marketing its Cheddar Cheese Flavored Crunchy Fries Snacks (Baked) as “fries” when they were predominantly made up of cornmeal and not potato.

The fries at issue are sold under the TGI Fridays brand name and disclose on the ingredient list that “whole grain corn meal” and “enriched cornmeal” are the first and second most predominant ingredients. “Potato flakes,” which are alleged to be “chunks of dehydrated mashed potato,” are listed as the fourth most predominant ingredient.

The lawsuit alleges that consumers expect that products advertised as “fries” will predominantly consist of potatoes and that consumers value potatoes “for their distinctive taste and nutritive properties.”

The complaint only cites only to statutory provisions that prohibit false and deceptive advertising generally and states that “[d]ictionaries define ‘fries’ as long thin pieces of fried potato.” It also is unable to point to any technical violation of FDA’s regulations or data showing that consumers are deceived by fries made from cornmeal. While further evidence of consumer deception will ultimately be needed if the case is to survive a motion for summary judgment, we will monitor and report on this case to see if the allegations are deemed sufficient to survive a motion to dismiss.