A Hawaii man and California woman have filed a class-action lawsuit against a company that sells “Hawaiian” potato chips because they say the chips are made in Washington state of ingredients not from Hawaii.
Michael Maeda of Honolulu and Iliana Sanchez of Los Angeles say in their lawsuit that they, and other consumers like them, would not have purchased the products, or would have paid significantly less, if they knew that the potato chips were made on the mainland using mainland ingredients.
They are suing Pinnacle Foods Inc., a Delaware corporation headquartered in New Jersey, whose brands include Duncan Hines, Birds Eye, Aunt Jemima and Van de Kamp’s, for false and deceptive advertising, fraudulent and unfair business practices.
Tim’s Cascade Snacks, a Pinnacle Specialty Foods subsidiary, sells Hawaiian Kettle Style Potato Chips in Original, Luau BBQ, Sweet Maui Onion, Ginger Wasabi, Hulapeno and Mango Habanero varieties in Hawaii and California. The company also sells Hawaiian Luau Barbeque Rings and Hawaiian Sweet Maui Onion Rings.
Maeda and Sanchez say according to Pinnacle’s annual report, the potato chips and onion rings are made in the Tim’s Cascade Snacks factory in Algona, Wash.
All of the bags list the company’s name and address. The packages also list a website, hawaiianbrandsnacks.com, where shoppers can purchase the potato chips and onion rings online.
There is no claim on the bags that the snacks are made in Hawaii.
Maeda and Sanchez say, however, that they thought they were purchasing authentic potato chips from Hawaii because of the products’ packaging.
In addition to the word “Hawaiian,” the bags includes images of hula dancers wearing grass skirts and lei; outrigger canoe paddlers wearing mahiole, or traditional Hawaiian feather helmets; a fireknife dancer; a conch shell blower; an imu; an erupting Kilauea Volcano; and Diamond Head. The product descriptions use the phrases “tropical paradise,” “sandy beaches,” “sunset luaus,” “Big Island” and “Mount Kilauea.”
Lawyers for Maeda and Sanchez filed the lawsuit in state court last month.
Pinnacle Foods moved the case Friday to U.S. District Court. A local attorney for the company declined to comment on the lawsuit.
