A lawsuit has been filed against snack food company Wise Foods, Inc., alleging deceptive marketing practices related to its potato chips.
Plaintiff Mo Hussain initiated the complaint against Wise Foods, Inc., which produces Deep River Snacks Potato Chips. Hussain claims that the company falsely markets its products as containing “NO Artificial Flavors, Colors or Preservatives” and using “only real ingredients.” According to the complaint, these statements are misleading because the chips contain synthetic citric acid, which the lawsuit asserts is not natural and conflicts with the company’s labeling. Hussain argues that consumers pay a premium for products marketed as natural and that the company has benefited from these representations.
The lawsuit alleges violations of New York General Business Law §§ 349 and 350, which address deceptive acts and false advertising. It also claims breach of express warranty. The complaint seeks compensatory damages exceeding $5 million for class members, as well as injunctive relief to prevent future advertising that the plaintiff contends is misleading.
The filing states that synthetic citric acid is produced through industrial processes involving synthetic chemicals and references past FDA warnings regarding labeling of similar products. The complaint also raises concerns about potential health risks associated with consuming synthetic citric acid.
Hussain seeks class-action status to represent consumers who purchased Deep River Snacks nationwide and in New York, stating that individual claims would be impractical due to the number of consumers involved.
The plaintiff is represented by attorney Joshua D. Arisohn of Arisohn LLC. The case was filed in the United States District Court for the Eastern District of New York under 1:25-cv-06140.