‘Skinny’ popcorn buyers say no kernel of truth in health claims

In their suit, Rachel Dossey, of San Francisco, and Louise Tang, of San Mateo County, say they were deceived and would not have purchased SkinnyPop popcorn had they known the truth about its labeling.

But J. Noah Hagey, legal counsel for SkinnyPop, said the packaging was changed several years ago to reflect FDA concerns about labeling regulations such as the description of “low calorie.”

“All I can say is these seem like very stale, very old claims and again they are not challenging the product as being misbranded to the nutrition facts,” Hagey said.

An attorney representing the women did not return an inquiry about Hagey’s assertions.

On its website, SkinnyPop declares itself “the simply delicious guilty-free snack” and includes “premium popcorn kernel, sunflower oil and the perfect amount of salt.” The product comes in original, black pepper, ultra lite white cheddar and naturally sweet flavors, according to the site which also posted photos of reality star Kris Jenner pushing a shopping cart with a bag on top and celebrity chef smiling above a bag in her hand.

The lawsuit argues Illinois-based SkinnyPop deliberately misidentifies its health and fitness benefits to promote sales and provides bloggers with free product samples for reviews including phrases like “low fat” and “low calorie” that the company is not allowed to use itself. One review, for example, said it was a “good idea” for parents to feed young children an entire 700-calorie bag of SkinnyPop which contains 45 grams of fat, the lawsuit states.

The company did not correct errors in the reviews regarding nutrition but simply thanked the authors, according to the lawsuit.

The “low calorie” implication on the SkinnyPop Facebook page is unlawful and demonstrative of a pattern of making false and misleading health claims through social media, the lawsuit states.

The suit also claims SkinnyPop misleads consumers by noting the product is cholesterol free because popcorn itself of any brand is inherently free of cholesterol. The company “misleadingly implies” the popcorn has been “processed or modified to remove cholesterol that was never there in the first instance,” the suit states.

Hagey points out that popcorn could have cholesterol depending on what is put on it.

SkinnyPop also claims only 39 calories per cup but a serving size is about four cups and the label improperly states it is a “great” source of fiber, the suit states.

Hagey said that is again an outdated claim because the label now says it is a “good source of fiber.” He also pointed out that other popcorn brands also measure a serving size between 3 1/2 and 4 cups.

michelle@smdailyjournal.com

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