Before a federal judge could decide whether it was fraud to call a snack “potato skins,” the remaining sides in a proposed class action lawsuit have settled, reports John O’Brien of Legal Newsline.
After New York federal judge Katherine Polk Failla dismissed Utz and TGI Friday’s as defendants, plaintiff Solange Troncoso and lawyers at Lee Litigation Group reached a confidential agreement with Inventure Foods, which makes a chip-like snack marketed as potato skins using the TGI Friday’s trademark.
Troncoso’s lawsuit said the snack contained no potato skins, only potato flakes. She said because of the packaging and because TGI Friday’s sells a potato skin appetizer at its restaurants, she was led to believe the snacks would contain real potato skins.
Failla in July rejected most of her claims but allowed her to pursue common law fraud allegations against Inventure.
TGI Friday’s was dismissed because it merely licensed its name and Utz was dismissed because it is only Inventure’s parent company.
The settlement was reached before a class was ever certified, meaning Troncoso and her lawyers will keep the entirety of whatever dollar amount was agreed to.
Troncoso sued for a whopping $5 million, saying the lack of actual potato skins means the snacks represent false advertising.
Source: Legal Newsline
Background information: New York Daily News
Photo: TMZ
