Split Appeals Court Sides with Campbell in Kettle Chip Row

A divided federal appeals court panel affirmed Campbell Soup Co.‘s win in a proposed class action alleging its Kettle Brand “Air Fried” chips were deceptively advertised.

The complaint didn’t sufficiently allege that reasonable consumers would be duped into thinking the chips aren’t deep fried in oil, the US Court of Appeals for the Ninth Circuit said Wednesday.

“The front of the packaging prominently states that the chips are not just ‘Air Fried’ but also ‘Kettle Cooked Air Finished,’” Judges Sidney R. Thomas and Daniel A. Bress said. That packaging expressly describes a two-step process involving kettle cooking and air ...