Plaintiff, on behalf of a proposed class of buyers, and Defendant Frito Lays Inc., have asked a California District Court to voluntarily dismiss a false advertisement lawsuit that was filed in October 2020.

The complaint had alleged that Frito Lays’ potato crisps —sold under its “Ruffles” brand name and labeled as “Baked Lays Cheddar & Sour Cream Flavor” —were falsely advertised because they contained artificial diacetyl, which allegedly reinforced the sour cream flavor, but were not labeled as artificially flavored. On the contrary, Plaintiff had argued that the “Cheddar & Sour Cream Flavor” statement on the front label represented to consumers that the sour cream flavor was entirely naturally derived.

The complaint was very similar to a New York action against Frito Lays which we have previously covered. This action was voluntarily dismissed earlier this month according to court records.

The reason for the dropped suit, including the terms of any settlement between the parties, has not been disclosed. We have not yet seen a court decision address the merits of an artificial diacetyl flavoring lawsuit and will continue to monitor for any further developments in this area.