SunChips "100% Whole Grain" Claims: Lawsuit Alleges Deception

Case Overview: A class action lawsuit alleges Frito-Lay falsely advertises its SunChips line as "100% Whole Grain," claiming the snacks contain maltodextrin, a refined grain.

Consumers Affected: California consumers who purchased Frito-Lay's SunChips products.

Court: U.S. District Court for the Central District of California

Frito-Lay is the latest snack giant to be hit with a class action lawsuit over allegedly misleading labels—this time, for its popular SunChips line. A new complaint filed in California accuses the company of falsely advertising that several SunChips flavors are made with “100% Whole Grain,” when in fact they contain maltodextrin, a refined grain derived from corn starch.

The lawsuit claims Frito-Lay’s labeling misrepresents the nutritional quality of the snacks and has led health-conscious consumers to pay more under the impression they were buying a better-for-you product.

Consumers Say They Paid More for Misrepresented Snacks

Emilie Baum, a San Bernardino resident, filed the proposed class action lawsuit after she says she routinely purchased SunChips, especially the Harvest Cheddar variety, based on the bold “100% Whole Grain” promise printed on each bag. 

She believed that all of the grain ingredients in the product were unrefined, whole grains that retained their original nutritional content. But what she didn’t know was that SunChips also contains maltodextrin—a highly processed carbohydrate made by stripping corn kernels of their germ and bran, then hydrolyzing the remaining endosperm into starch.

That refining process, the lawsuit argues, strips away the nutritional value that consumers expect from whole grains and makes the “100% Whole Grain” claim misleading. Had Baum known the truth, she says, she wouldn’t have bought the chips, or at least wouldn’t have paid as much.

Lawsuit Details How Maltodextrin Undermines Whole Grain Claims

At the center of the lawsuit is the difference between whole, refined, and enriched grains. Whole grains include all three parts of the kernel—bran, germ, and endosperm—while refined grains, like maltodextrin, are stripped down to just the starchy endosperm. Although corn itself is a whole grain, the process of converting it into maltodextrin removes its most nutritious components.

The complaint alleges that Frito-Lay knew, or should have known, that its inclusion of maltodextrin invalidates the “100% Whole Grain” claim. Instead, the suit suggests, the company prioritized marketing buzz over label accuracy, violating consumer trust and potentially California’s false advertising and unfair competition laws.

Food Industry Faces Growing Number of Labeling Disputes

Frito-Lay joins a growing list of food companies facing scrutiny over health-related claims. Mondelez, the maker of Wheat Thins, is currently battling a similar lawsuit claiming that its “100% Whole Grain” label is undermined by the presence of refined ingredients like cornstarch. 

Nabisco is also under fire for allegedly exaggerating the whole grain content in its Premium Saltine Crackers.

Retail giants aren’t immune either. Target is facing legal heat over its Good & Gather veggie straws, which were marketed as preservative-free but allegedly contain calcium chloride—a synthetic additive used to prolong shelf life. 

Even Chobani, famous for its natural-image Greek yogurt, has been accused of quietly including synthetic chemicals in products touted as having “Only Natural Ingredients.”

In her lawsuit against Frito-Lay, Baum wants to represent anyone in California who bought Frito-Lay’s SunChips products. 

Case Details

• Lawsuit: Baum v. Frito-Lay, Inc., et al.
• Case Number: 5:25-cv-01408
• Court: U.S. District Court for the Central District of California

Plaintiffs' Attorney:

• David A. Baldwin (Law Office of David Baldwin)

Do you buy SunChips? What are your thoughts on their '100% Whole Grain' claim? Share your opinion below.