Monday, 24 August 2026 07:35 PM
Lawsuits
Louisiana consumer says he paid nearly $19 for several bags of chips marketed as cooked in premium avocado oil, according to the complaint.
NEW ORLEANS, LA / ACCESS Newswire / August 24, 2026 / A class action lawsuit was filed in the U.S. District Court for the Eastern District of Louisiana against Utz Brands, Inc. According to the complaint, the company marketed and sold Boulder Canyon potato chips labeled as containing avocado oil, while independent laboratory testing found the products' oil inconsistent with authentic avocado oil.
The complaint, Hunter v. Utz Brands, Inc., was brought by named plaintiff Arthur Hunter, a New Orleans consumer who purchased Boulder Canyon Avocado Oil Classic Sea Salt Kettle Style Potato Chips at a Costco warehouse in New Orleans for $18.69 - a price the complaint says reflects a premium of 500 percent or more over conventional chips. Hunter is represented by Blake Corley of Daly & Black, P.C.
The Science Behind the Claims
The lawsuit centers on a peer-reviewed study published in July 2026 in the journal Applied Food Research by researchers at the University of California, Davis. The study tested commercially processed foods - including chips, mayonnaise, and salad dressings - that listed a single oil on their ingredient labels, to determine whether the labeled oil matched the oil's actual chemical composition.
According to the complaint, the results were stark:
89 percent of the 54 avocado oil-labeled products tested showed compositional patterns inconsistent with authentic avocado oil.
Of 28 avocado oil-labeled chip samples specifically, 93 percent - 26 of 28 - failed authenticity testing.
Boulder Canyon's Avocado Oil Classic Sea Salt Kettle Style Potato Chips failed in both of the two independently sourced production lots tested.
By contrast, olive oil-labeled products in the same study passed authenticity testing 95 percent of the time, underscoring what researchers say is a problem concentrated in avocado oil.
According to the complaint, the researchers also tested and ruled out the possibility that frying or other processing could explain the chemical discrepancies, finding that typical frying conditions altered key authenticity markers by less than one percent.
A Pattern the Complaint Says Utz Should Have Known About
According to the complaint, Utz launched its Boulder Canyon "better-for-you" avocado oil marketing campaign in October 2020, just months after an earlier UC Davis study found that 82 percent of commercial avocado oil sold in the U.S. was rancid or adulterated. The complaint states that as recently as January 2026, Utz ran a national advertising campaign for Boulder Canyon under the tagline 'Real Ingredients. Real Flavor. Real Standards.' The complaint states these claims were inconsistent with the later UC Davis findings.
The complaint also cites an August 9, 2026 report in The Dallas Express, which named Boulder Canyon among the brands whose tested products were found inconsistent with authentic avocado oil.
The Claims
The complaint asserts five causes of action on behalf of a proposed nationwide class and a Louisiana subclass of consumers who purchased Boulder Canyon avocado oil-labeled chips since October 16, 2020:
Breach of express warranty
Breach of implied warranty of merchantability
Violation of Louisiana's Unfair Trade Practices and Consumer Protection Law
Unjust enrichment
Fraudulent and negligent misrepresentation
According to the complaint, the proposed class could include hundreds of thousands, if not millions, of consumers nationwide, with aggregate damages potentially exceeding $100 million.
Relief Sought
Plaintiff is seeking class certification, damages (including treble damages under Louisiana law), restitution and disgorgement of profits, and injunctive relief requiring Utz to stop the challenged labeling practices, disclose the true composition of its cooking oils, implement third-party testing to verify avocado oil authenticity, and undertake corrective advertising.
"The testing shows a consistent pattern across independent production lots, under criteria designed to give the product the benefit of the doubt," said Attorney Blake Corley. "We look forward to presenting the evidence in court."
About Daly & Black, P.C.
Daly & Black, P.C. is a national law firm dedicated to representing individuals and families in complex litigation, including first party, personal injury, wrongful death, mass tort cases, and more. With decades of experience fighting for justice, the firm provides advocacy, resources, and support to communities impacted by catastrophic harm. The firm maintains a New Orleans-based office, reinforcing its commitment to serving Louisiana communities.
###
Contact:
Emma Trunkle
Email: [email protected] | Phone: 406-871-4693
SOURCE: Daly & Black, P.C.