Dominika Surzyn has filed a class action lawsuit against Diamond Foods, Inc, for mislabelling five varieties of its Kettle Brand TIAS Tortilla Chips as "All Natural" when they contain unnatural, synthetic, and artificial ingredients. The suit seeks to represent all California residents who purchased Kettle Brand TIAS All Natural potato chips from January 9, 2010 to the present.
The suit accuses Diamond Foods of violating several prongs of California's Business & Professions Code, violation of California's Consumers Legal Remedies Act, and negligent misrepresentation.
Dominika Surzyn, a resident of Alameda, California, purchased the defendant's Kettle TIAS Tortilla Chips for personal use in part due to their representation as "All Natural."
Diamond Foods, Inc. is a corporation incorporated in Delaware with a principal place of business in California, that manufactures, markets, and sells Kettle Brand TIAS Tortilla Chips.
These chips are advertised and labelled as "All Natural" but contain unnatural ingredients, including maltodextrin and dextrose, which the suit claims to be heavily processed, synthetic ingredients.
The specific products identified as containing unnatural ingredients are:
In addition to damages, Surzyn is seeking an order requiring Diamond Foods cease using unnatural, synthetic, and artificial ingredients in its "All Natural" products, or for the defendant to cease from representing products as "All Natural" when they contain unnatural, synthetic, and/or artificial ingredients