PopChips “Natural” Class Action Preliminarily Approved for Settlement
PopChips recently obtained preliminary approval for settlement agreeing to create a fund of $2.4M to allow class members who purchased PopChips products to receive up to $20 per person in refunds. Plaintiffs alleged that PopChips' use of the terms "all natural" "healthy" and "healthier" were misleading because the products were, according to plaintiffs, "highly processed, contain numerous artificial and synthetic ingredients, including ingredients containing GMOs and excessive amounts of fat." PopChips had denied any wrongdoing. In addition to the settlement fund, PopChips agreed to change their claims to instead use "naturally delicious" and "natural flavors," and to modify certain non-GMO claims. The settlement will be reviewed for final approval at a hearing on March 13. Order.
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Food & Consumer Packaged Goods Litigation shares timely insights into litigation developments, emerging arguments and challenges facing food and consumer packaged goods manufacturers and related industries.