The Cape Cod chips lawsuit is actually a set of proposed class actions accusing The Campbell’s Company of falsely labeling Cape Cod Kettle Cooked Potato Chips as containing “No Artificial Colors, Flavors or Preservatives” when the chips contain citric acid produced through industrial fermentation. Plaintiffs say that citric acid is synthetic and functions as a preservative, so the clean-label promise on the bag is deceptive. One case has cleared a motion to dismiss and is moving forward. Another was voluntarily dropped. A third was filed in late 2025 and is just getting started.
What the Lawsuits Actually Claim
Citric acid occurs naturally in citrus fruit, but the citric acid used in mass-produced food is almost always made industrially by fermenting sugars with a fungus called Aspergillus niger. The complaints argue that this fermented version is a synthetic ingredient, not a natural one, and that it acts as a preservative in the chips. If both things are true, the “No Artificial Colors, Flavors or Preservatives” claim on the front of the bag is false.1Top Class Actions. Cape Cod Potato Chips Class Action Challenges No Artificial Ingredients Claim2Bakery and Snacks. Cape Cod Chips in Court Over Synthetic Citric Acid Claims
Plaintiffs lean on two government sources to support the theory. The FDA sent warning letters in 2001 to Hirzel Canning Company and Oak Tree Dairy Farm telling them that products containing synthetic citric acid could not be marketed as “All Natural.”3Courthouse News Service. Campbell Soup Remains on Hook in Suit Over Potato Chip Preservative And the USDA has stated that natural citric acid is “no longer commercially available” at the volumes food manufacturers use, meaning any company putting citric acid in a mass-produced product is almost certainly using the fermented version.1Top Class Actions. Cape Cod Potato Chips Class Action Challenges No Artificial Ingredients Claim
The Three Cases and Where Each Stands
Squeo v. Campbell Soup Company
This is the case that matters most right now. Joe Squeo of California and Tiffany Taylor of New York filed in the U.S. District Court for the Northern District of California (Case No. 5:24-cv-02235), bringing claims under the California Consumers Legal Remedies Act, the California Unfair Competition Law, California breach of express warranty, and Sections 349 and 350 of the New York General Business Law.4GovInfo. Squeo et al v. Campbell Soup Company et al
In October 2024, U.S. Magistrate Judge Susan van Keulen denied most of Campbell’s motion to dismiss. She called the allegations “well-supported” and wrote that it was “highly likely that the citric acid included in the chips was artificially produced.” Campbell’s had argued the plaintiffs failed to prove the citric acid was artificial, failed to show it worked as a preservative, and failed to show a reasonable consumer would be misled. The court rejected all three arguments.3Courthouse News Service. Campbell Soup Remains on Hook in Suit Over Potato Chip Preservative
The judge did throw out one piece of the case. The plaintiffs wanted an injunction forcing Campbell’s to change its labels or reformulate the chips. The court dismissed that request, reasoning that the plaintiffs now know what’s in the chips and can read the ingredient list before buying them again.5Courthouse News Service. Squeo et al v. Campbell Soup Company – Order on Motion to Dismiss The damages claims survived, and the case is proceeding.
Dushaj v. The Campbell’s Company
Jaqueline Dushaj filed in the Southern District of New York on July 7, 2025 (Case No. 7:25-cv-05572), naming 11 specific varieties, including Sea Salt & Vinegar, Sweet & Spicy Jalapeno, Sweet Mesquite Barbeque, and several “Less Fat” and “Waves” flavors.6ClassAction.org. Class Action Lawsuit Alleges Cape Cod Potato Chips Not as Preservative-Free as Advertised7CourtListener. Dushaj v. The Campbell’s Company8PACER Monitor. Dushaj v. The Campbell’s Company
Ripa v. The Campbell’s Company
Rozaliya Ripa filed the newest case on October 23, 2025, in the Eastern District of New York (Case No. 1:25-cv-05921), alleging violations of New York General Business Law and breach of express warranty on behalf of a nationwide consumer class.9WBSM. Cape Cod Potato Chips False Advertising
The Ripa complaint pushes further than the others on health. It alleges that citric acid produced through Aspergillus niger fermentation is “a known allergen that can cause inflammatory reactions” and links it to asthma, juvenile idiopathic arthritis, autistic spectrum disorder, and fibromyalgia. Coverage of the case has noted these health claims are the lawsuit’s arguments, not established medical consensus.10CBS News Boston. Cape Cod Chips Lawsuit11Delish. Cape Cod Chips Lawsuit No Artificial Citric Acid The case is in its early stages with no reported rulings.12Law360. Ripa v. The Campbell’s Company
How Campbell’s Has Responded
Publicly, Campbell’s has been terse. Its only comment has been that it “declines to comment on this pending litigation,” along with a general statement that the chips are made with “high quality, carefully selected ingredients.”2Bakery and Snacks. Cape Cod Chips in Court Over Synthetic Citric Acid Claims In court, the company argued the citric acid isn’t proven to be artificial, doesn’t function as a preservative, and wouldn’t mislead a reasonable consumer. The Squeo court rejected each of those points at the pleading stage.3Courthouse News Service. Campbell Soup Remains on Hook in Suit Over Potato Chip Preservative
This Is Part of a Bigger Trend
Cape Cod is not the only brand facing this argument. Federal courts in New York, California, and Illinois have been handling a wave of similar class actions over “all natural” and “no preservatives” claims on products containing fermented citric acid. In Hayes v. Kraft Heinz Co. (N.D. Ill. 2024), a judge denied Kraft Heinz’s motion to dismiss claims over “No Artificial Flavors, Preservatives, or Dyes” labeling. In Delvalle v. Coca-Cola Co. (S.D.N.Y. 2025), a court denied dismissal of a challenge to Minute Maid Fruit Punch’s “No Preservatives Added” claim. Cases against Sprite and Fanta (Palmer v. The Coca-Cola Co., C.D. Cal. 2025) and against Aldi and Topco Associates over pasta sauce and canned tomatoes (Milton and Vanacore, N.Y. 2025) are working through the courts as well.13Packaging Digest. Food Litigation Heats Up Over Citric Acid Label Claims
Part of the reason these cases keep surviving early dismissal is that the FDA has never issued a binding rule defining “natural.” Its 1991 policy says the word means nothing artificial or synthetic has been added to a food “that would not normally be expected to be there,” but the agency has never squarely addressed whether fermented citric acid crosses that line.14NPA National. Notification of Request for Comments – Use of the Term Natural in the Labeling of Human Food Products Judges have generally treated that as a factual question requiring discovery.
Not every plaintiff wins the pleading fight. In Valencia v. Snapple Beverage Corp. (S.D.N.Y. 2024), the court dismissed similar claims because the plaintiff didn’t explain how citric acid derived from Aspergillus niger is chemically different from the naturally occurring form. In Vineyard v. La Terra Fina USA (N.D. Ill. 2025), the court dismissed a case built on “empty assertions” about the defendant’s sourcing, without evidence tying that specific company to the synthetic version.
What This Means for Consumers Right Now
No class has been certified in any of the Cape Cod cases, and no settlement has been announced. There is nothing to sign up for and nothing to claim. The Squeo case is the one to watch: it is the furthest along, it survived Campbell’s motion to dismiss, and if it eventually reaches class certification or settlement, that is where affected buyers would first have a chance to participate. The Ripa case, filed in October 2025, is early and unresolved. The Dushaj case is over.3Courthouse News Service. Campbell Soup Remains on Hook in Suit Over Potato Chip Preservative If you want to avoid the ingredient in the meantime, the ingredient panel on the back of the bag will list citric acid where it’s present; the Squeo judge specifically pointed to that panel as the way an informed shopper can check.