If You've Ever Purchased These Potato Chips, You May Be Eligible for Money in a New Settlement

As consumers, we rely on brands to accurately portray the ingredients in their products. For those who seek out specific designations, such as “preservative-free,” “all-natural,” and “Non-GMO,” it’s important to be able to trust that brands are adhering to quality standards and accurately labeling goods.

At times, however, food companies are called into question for not being fully transparent about ingredients. Last year, Clif Bar, Wahlburgers, and Lindt faced allegations concerning the quality of their products.

Now, a popular chip brand is in the spotlight after being accused of using a non-GMO label without the proper certification.

Deep River Snacks' $4 Million Lawsuit

In a recent press release, Connecticut-based snack company Old Lyme Gourmet Co. has been accused of inaccurately portraying health claims made on Deep River Snacks potato chips packaging. The lawsuit alleges that certain Deep River Snacks kettle chips were labeled with the graphic “Non-GMO Ingredients” despite lacking the required verification to make that assertion.

Non-GMO certification means the product does not contain any ingredients that have been subject to biotechnology. For chips, this would mean that the potatoes and oils used are not genetically modified. Typically, products with non-GMO designation must be verified by a third party such as the Non-GMO Project. These organizations perform initial evaluations on products to determine eligibility and reevaluate on a yearly basis to ensure products continue to meet the necessary requirements.

Old Lyme Gourmet Co. has denied any wrongdoing but created a $4 million settlement fund from which class members may receive reimbursement.

How to File a Claim in the Lawsuit

If you purchased Deep River Snacks potato chips with the label graphic “Non-GMO Ingredients” between Feb. 2, 2017, and Dec. 6, 2024, you may be eligible for reimbursement.

Valid claim with proof of purchase: Class members who have proof of purchase, such as a receipt, can claim $5 for their first product and 50 cents per additional product. There is no limit to the number of products you may claim.

Valid claim without proof of purchase: Those who do not have proof of purchase can still submit a valid claim. Those without a receipt may claim $5 for the first product and 50 cents for each additional; however, members are limited to claiming no more than ten products.

You must file claims by mail or online by July 28, 2025, to receive settlement benefits. Only one form per household will be accepted. And if you don’t keep receipts, be sure to check your grocery loyalty apps, as many of them store copies that could be used as proof of purchase.

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