April 2016: A class-action lawsuit was filed against Herr Foods in March 2016 (and transferred to federal court in April 2016) for allegedly falsely marketing snack products, including Herr’s Popped Chips, Herr’s Potato Chips, Herr’s All Natural Sourdough Pretzels, and Herr’s “All Natural” Tortilla Chips. Specifically, plaintiffs claim that the company:
- Markets products as “All Natural” when they actually contain unnatural ingredients;
- Fails to disclose that snacks contain chemical preservatives and artificial flavoring and coloring on product labels;
- Falsely claims products contain “No MSG” when, in reality, they either contain ingredients with MSG or create MSG during processing; and
- Falsely labels products as containing “No Trans Fat” when they actually contain partially hydrogenated oils (a form of trans fat).
(Whitaker et al v. Herr Foods, Inc. d/b/a Herr’s, Case No. 16-cv-2017, E. D. PA.)
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When a complaint is dismissed with prejudice, it cannot be refiled.