Frito-Lay Sheds SunChips ‘100% Whole Grain’ Deception Lawsuit

Frito-Lay Inc. convinced a federal judge to dismiss with prejudice a proposed class action alleging certain SunChips products were deceptively advertised as “100% Whole Grain.”

The complaint alleged the inclusion of maltodextrin, an ingredient made from corn starch, meant the chips weren’t completely whole grain.

But maltodextrin isn’t a grain ingredient, and a reasonable consumer wouldn’t understand it to be one, Judge Judge Jesus G. Bernal of the US District Court for the Central District of California said Thursday..

Plaintiff Emilie Baum alleged that because maltodextrin is made from corn starch and is refined by hydrolysis, it’s a refined grain ...