7-Select Potato Chips and More

May 2017: This case was voluntarily dismissed with prejudice, the reasons for which have not been disclosed.

June 2016: The Ninth Circuit reversed the district court’s dismissal of the lawsuit finding that the district court erred in concluding that the allegations failed to establish standing (i.e., a proper basis to sue).

April 2014: A federal judge dismissed the amended complaint with prejudice finding that the named plaintiff did not have standing (i.e., a proper basis to sue) because he did not plead that he actually relied on an alleged false statement or misrepresentation when he purchased products.

August 2013: A federal judge dismissed the complaint finding that plaintiffs failed to meet the heightened pleading standard for fraud-based claims, among other things. Later in August, plaintiffs filed an amended complaint alleging that 7-Eleven misleadingly labels products as containing “0g Trans Fat” and “No Cholesterol” without adequately informing consumers that the total fat levels in the chips could pose health risks, as required by federal regulations.

2012: Plaintiffs filed a false advertising class-action lawsuit against 7-Eleven alleging that it misleadingly labels:

  • Potato chips, pretzels, and other food products as containing “0 grams Trans Fat” or “No Cholesterol” when they contain more than 13 grams of fat or 4 grams of saturated fat or 480 grams of sodium per 50 grams and/or disqualifying levels of fat, saturated fat, cholesterol, or sodium;
  • Ice cream and other food products as “All Natural” when they contain artificial or unknown ingredients; and
  • “Fresh to Go” products or other food products as “guaranteed fresh” or “Fresh” when they are processed, frozen, in a non-raw state, or contain preservatives.

Plaintiffs also claim 7-Eleven misleadingly uses oversized slack-filled containers. (The complaint was originally filed in May and amended in September.) (Bishop et al v. 7-Eleven, Inc., Case No. 12-cv-02621, N. D. CA.).

For more information about other class-action lawsuits regarding the marketing of potato chips and TINA.org’s coverage of the issue, click here.

 

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When a complaint is dismissed with prejudice, it cannot be refiled.

When a complaint is dismissed with prejudice, it cannot be refiled.

You know when you buy a big bag of chips, and you’re all psyched for a feast, and then it turns out there are like, three chips in the bag? That bag is slack filled.

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