Food/Groceries

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Are Tostitos and Other Chip Brands Really Reversing Shrinkflation?

A few weeks ago, Sen. Elizabeth Warren and Rep. Madeleine Dean wrote to the CEOs of several corporations, including PepsiCo, accusing them of a pattern of profiteering off consumers by shrinking their products and charging the same or higher prices. We’ve covered various PepsiCo products including Tostitos downsizings over the years.

Then last week, breathless headlines announced that PepsiCo, which also makes Ruffles, Doritos, Lay’s and other brands, was reacting to these accusations of shrinkflation, and was now going to add 20% more chips to certain bags.

PepsiCo headlines

In the CNN story, the company said:

A PepsiCo spokesperson told CNN that Tostitos and Ruffles “bonus” bags will contain 20% more chips for the same price as standard bags in select locations. PepsiCo is also adding two additional small chip bags to its variety-pack option with 18 bags, the spokesperson said.

*MOUSE PRINT:

Tostitos Bonus PackConsumer World AI Mock-up

Don’t jump to conclusions that PepsiCo has seen the light, is caving into governmental pressure and consumer anger, and plans to upsize all their products. PepsiCo is simply coming out with some “bonus” bags on some products in some areas it appears. By definition, a “bonus pack” is a temporary promotion whereby the new package has some additional content compared to the regular size. They did not announce a general upsizing of their products.

So, enjoy the extra chips while they last.

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Breyers to Pay $8.8-mil Over Misleading Natural Vanilla Labeling

Connoisseurs of vanilla ice cream generally prefer products made from real vanilla beans that are in the product evidenced by with those little black specs. And that is exactly what purchasers of Breyer’s Natural Vanilla ice cream should expect to get.

You can see the little black specs depicted in the scoop of ice cream right on the front of their packages along with a picture of vanilla beans and their flowers.

Breyer's Vanilla

We wrote about Breyers Natural Vanilla back in 2016 concerning a separate issue when the ingredients statement explicitly listed “vanilla beans.” Now, that is no longer stated. (See original story.)

So recently some crafty consumer lawyers decided to have the product chemically analyzed to see if it had real or artificial vanilla or both.

*MOUSE PRINT:

Laboratory analysis, specifically by the Center for Advanced Food Technology at Rutgers University, demonstrated that Breyers Natural Vanilla Ice Cream contains vanilla flavor from non-vanilla plant sources.

The testing of Breyers Natural Vanilla Ice Cream did not detect p-hydroxybenzaldehyde, vanillic acid or p-hydroxybenzoic acid, which means the Breyers Natural Vanilla Ice Cream has, at most, a small amount of real vanilla…

So they sued Unilever in June (see complaint) and believe it or not, they already announced a tentative settlement.

Therefore, if you bought any size container of Breyer’s Natural Vanilla ice cream from April 21, 2016 through August 14, 2024, you are entitled to get one dollar back for each one. If you have proofs of purchase, you can claim as many as you bought. Otherwise, the maximum claim is for eight cartons and you can get back $8. File a claim here.

The company is also being required to reformulate the product and not include vanilla flavor derived from non-vanilla plant sources.

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Robitussin Puts Non-Drowsy Lawsuit to Bed

In 2022, two different consumers sued the makers of Robitussin alleging that package claims of the products being non-drowsy were false and misleading. (See complaint.)

In particular, the suits said that one of the active ingredients in these cough suppressants, dextromethorphan (DXM), was actually known to cause drowsiness. Further, the complaints alleged that the “drug facts” disclosure on the back of the boxes did not warn about possible drowsiness.

*MOUSE PRINT:

Robitussin DM

The plaintiffs also cited various medical studies supporting the fact that DXM could make one sleepy, and pointed out that the Federal Aviation Administration advised pilots not to fly if they have taken it.

In 2023, the case was decided in favor of the manufacturer on the theory that the state law consumer violations cited were pre-empted by the federal Food, Drug, and Cosmetic Act governing drug products like this. The consumers appealed.

Despite that, the parties negotiated with each other since the court decision, and came to a settlement of the claims for $4.5-million. The company has agreed to discontinue the non-drowsy claims. Purchasers as far back as 2016 may be entitled to between $1.50 and $4.75 per claim. More details will be available after a judge signs off on the agreement.