Two customers have filed a lawsuit on Monday alleging they've been deceived by Wise into overpaying for underfilled potato chip bags.
Sameline Alce from the Bronx in New York City and Desiré Nugent from Washington, DC, allege in their lawsuit that Wise Foods systematically underfills their chip bags. They believe the company intentionally leaves them 58% to 75% empty, and that they've been overpaying for chips that are filled less than halfway up the bag.
Alce and Nugent claim they would have paid less for a bag of Wise potato chips had they known the bags were mostly filled with air.
They're seeking damages for consumers in NYC and DC, and are also asking for changes to the packaging.
The plaintiffs apparently used a 2.75-ounce bag of Wise Ridgies Sour Cream & Onion chips to state their case. They said it only provided 2.5 inches of chips in a 10-inch bag.
The two also used the Frito-Lay brand of Ruffles to point out that they fill their bags much higher with chips.
"Even if defendant’s net weight disclosures are accurate, such does not eliminate this basic deception," the complaint states.
Even though it's mostly common knowledge that chip bags are intentionally filled with air — nitrogen, to be exact — to keep the chips in formation and not spoil, people online have been complaining to Wise about their underfilled chips for years.
"This better be some good air you're selling," someone snarked.
You can read the entire potato chips lawsuit — including detailed photos measuring the respective chip lines — below.
Tanya Chen is a social news reporter for BuzzFeed and is based in New York.
Contact Tanya Chen at firstname.lastname@example.org.
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