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False advertising suit initiated over Chia Crispe

On Behalf of | Dec 19, 2014 | Business Litigation |

Every year, a certain number of people pledge to eat healthier. As 2015 draws near, it will not be surprising to see more new “healthy” options become available in the marketplace. However, as we have seen before with “healthy” choices, not everything labeled as such is actually good for you.

Nevertheless, if a retailer advertises a product as being healthy, or at least a healthier option, it must be actually verifiable through the amount of fat, calories or sodium, for example. Also, the product should be what it is advertised as. Retailers are not allowed to use slogans or sayings to mislead customers into purchasing a product.

In the case of Chia Crisps, which is provided by LesserEvil, LLC, the advertisement of its product being made from from chia seeds could be considered an example of false advertising. Apparently the crisps were not made from the seeds, but instead from black beans. Indeed, black beans may not be inherently unhealthy, but they are certainly not chia seeds.

Because of this, a woman who purchased bag of Chia Crisps initiated a lawsuit against LesserEvil; claiming that she was duped into buying the chips. Essentially, chia seeds are an expensive “super food” but black beans are relatively cheap. By making chips with cheap ingredients and charging a premium for what is supposed to be premium food, LesserEvil could be held liable.

It remains to be seen whether the lawsuit will be considered a class action, or whether an injunction preventing the sale of Chia Crisps will be approved.



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