9th U.S. Circuit Court of Appeals
Dec. 11, 2025
9th Circuit finds 'air fried' label not deceptive, affirms dismissal
A divided 9th Circuit panel upheld the dismissal of a lawsuit claiming Campbell's 'Air Fried' chips mislead consumers, though a dissent argued reasonable shoppers could believe the product was exclusively air fried.
A divided 9th U.S. Circuit Court of Appeals panel on Wednesday affirmed a San Francisco judge's dismissal of a class action against Campbell Soup Company alleging that its Kettle Brand "Air Fried" potato chips are deceptively labeled as air fried when they are deep fried in oil.
"The front label therefore expressly describes a two-step process that involves both kettle cooking and air frying," Senior 9th Circuit Judge Sidney R. Thomas and 9th Circuit Judge ...
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