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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Photo of Charles Sipos Charles Sipos

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado…

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado, the District of Columbia, Florida, Illinois, New Jersey, New York, Massachusetts, Minnesota, Oregon, Washington, and the U.S. Courts of Appeals for the Second, Seventh, Ninth, and Eleventh Circuits. Charles’ litigation successes have included dismissals and summary judgment based on lack of Article III injury, statutory standing under consumer protection laws, federal preemption, primary jurisdiction, failure to allege damages, First Amendment protection for commercial speech, the “reasonable consumer” standard, and related defenses.