In Allred v. Kellogg Company, the plaintiffs alleged that Kellogg misled consumers about whether Pringles "Salt & Vinegar Flavored Potato Crisps" are flavored only with natural ingredients and about whether the product is a premium, all natural product.
Kellogg moved to dismiss the case on various grounds, but the United States District Court for the Southern District of California let the case continue.
One interesting aspect of the case is that Kellogg argued that a reasonable consumer would not be deceived by the product's name -- "Salt & Vinegar Flavored Potato Crisps" -- because it is a factually true statement. The plaintiffs alleged that Kellogg failed to disclose that the product is flavored with artificial flavors. The court said that a reasonable consumer could understand the packaging to communicate that the product was made with all natural ingredients and flavors.
The court wrote, "The front label depicts a chalkboard sign with the words 'Salt & Vinegar" along with a pile of salt and two bottles, which impliedly contain vinegar. The chips lay below the sign, with salt sprinkled on and around the chips. The image certainly gives an impression of freshly baked ships where the salt flavoring comes from the sprinkled salt and the vinegar flavoring comes from the bottles."
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