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A plaintiff has alleged that Frito-Lay North America Inc. fails
to include a mandated front-of-package disclosure that its Cheddar
and Sour Cream chips are flavored with artificial flavoring.
Ithier v. Frito-Lay N. Am. Inc., No. 20-1810 (S.D.N.Y.,
filed March 1, 2020). The complaint asserts that “[b]ased on
flavor composition analysis of the Products, the artificial flavor
consists of compounds associated with butter flavor,” and
“butter flavor is known as enhancing and boosting the flavor
of cheddar cheese.” Thus, according to the plaintiff, the
flavor of the chips should be listed as “Artificially
Flavored Cheddar & Sour Cream.” The plaintiff alleges
fraud, unjust enrichment, negligent misrepresentation, breach of
warranties and a violation of New York’s consumer-protection
statute, and he seeks class certification, injunctive relief,
damages and attorney’s fees.
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