A new lawsuit claims that a popular snack food marketed as containing 'no artificial flavors' actually includes synthetic ingredients, raising concerns about product labeling and consumer trust. The complaint was filed by Eduard Sklyar in the United States District Court for the Eastern District of New York on May 12, 2026, naming Frito-Lay, Inc. as the defendant.
According to court documents, Sklyar brings this case both individually and on behalf of all others similarly situated. The filing states that Frito-Lay formulates, manufactures, advertises, and sells Lay’s Poppables in various varieties throughout the United States, including New York. The central allegation is that despite packaging which states the products contain 'no artificial flavors,' Lay’s Poppables include synthetic flavoring agents such as citric acid and lactic acid.
The complaint outlines that Sklyar purchased Lay’s Poppables White Cheddar Flavored from a Stop and Shop in Brooklyn for approximately $2.50 in December 2024. He relied on what he describes as false and misleading marketing regarding the absence of artificial flavors. 'Had Mr. Sklyar known that Defendant’s representations were false and misleading, he would not have purchased the Products or would have only been willing to purchase the Products at a lesser price,' the document states.
The legal basis for Sklyar's claims centers on alleged violations of New York General Business Law sections 349 and 350—statutes addressing deceptive business practices and false advertising—as well as breach of express warranty. The complaint details how both lactic acid and citric acid are considered synthetic substances under federal regulations. For example, it cites Title 21 of the Code of Federal Regulations (C.F.R.) § 172.515(b) regarding lactic acid's status as a federally-listed synthetic substance used to add flavor to foods. It also references statements from federal agencies such as the Food and Drug Administration (FDA), which has previously warned companies against labeling products containing citric acid as 'all natural.'
Sklyar argues that health-conscious consumers are willing to pay a premium for products labeled as natural or free from artificial ingredients because they believe these products are safer or healthier to consume. The complaint asserts: 'Defendant makes these natural claims in an effort to capitalize on the growing market for natural products.'
The filing further alleges that consumption of synthetic lactic acid has been associated with adverse health effects including gastrointestinal distress, impaired memory and concentration, tooth enamel erosion, skin rashes, and itching. Similarly, it states that synthetic citric acid has been linked to inflammation related to asthma, juvenile idiopathic arthritis, autistic spectrum disorder, and fibromyalgia.
The proposed class consists of all persons in New York who purchased Lay’s Poppables for personal use during the maximum period permitted by law. The plaintiff contends that members of this class number in the millions due to widespread sales throughout New York State.
Among other things, Sklyar seeks an order certifying this class action under Rule 23 of the Federal Rules of Civil Procedure; compensatory, statutory, and punitive damages; prejudgment interest; restitution; injunctive relief requiring Frito-Lay to change its labeling practices; corrective advertising; attorneys’ fees; expenses; costs; and any other relief deemed just by the court.
The case requests a jury trial on all issues so triable by right. Joshua D. Arisohn of Arisohn LLC is listed as attorney for the plaintiff. The case is identified as Case No. 1:26-cv-02817.
Source: 126cv02817_Sklyar_v_Frito_Lay_Inc_Complaint_Eastern_District_New_York.pdf