People who bought Siete Kettle Cooked Sea Salt Potato Chips or Siete Maiz Sea Salt Corn Tortilla Chips labeled “Made With Avocado Oil” may be covered by a proposed class action alleging Siete Foods and PepsiCo sold chips blended with cheaper seed oils. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Garza Food Ventures, LLC (Siete Foods) and PepsiCo, Inc. have not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A proposed class action filed September 17, 2026 claims that two Siete chips sold as “MADE WITH AVOCADO OIL” are not made entirely with avocado oil and instead contain cheaper seed oils. The case is Floro v. Garza Food Ventures, LLC, No. 7:26-cv-08115, in the U.S. District Court for the Southern District of New York, White Plains division. It names Garza Food Ventures, LLC, which does business as Siete Foods, and PepsiCo, Inc., which the complaint says operates the Siete brand with it.The complaint is at its first stage. Neither company has responded in court, no judge has ruled on the claims, and nothing has been proven.
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Which Products Are Involved?
The complaint names two products:• Siete Kettle Cooked Sea Salt Potato Chips Made with Avocado Oil
• Siete Maiz Sea Salt Corn Tortilla Chips Made with Avocado Oil
It says the plaintiff bought the potato chips as part of a Siete chips variety pack at a California grocery store in August 2026. Other Siete flavors and products are not named.
What the Complaint Alleges
The complaint argues that shoppers read “MADE WITH AVOCADO OIL” to mean the chips are made entirely with avocado oil, and that the chips instead contain cheaper seed oils. It says shoppers pay more for avocado oil because many see it as healthier, and that many consumers try to avoid seed oils. Buyers, it claims, paid a premium they would not have paid had they known.The evidence it relies on is a 2026 peer-reviewed study by food scientists at the University of California, Davis, published in Applied Food Research, that tested foods labeled as made with avocado oil. According to the complaint, the researchers tested two production lots of each of the two Siete chips and classified all four samples as compositionally inconsistent with authentic avocado oil. The complaint also says the researchers fried their own chips in pure avocado oil to rule out cooking as the cause, and found that frying changed the oil’s profile only slightly.
These are the plaintiff’s characterizations of the study. Siete and PepsiCo have not answered them, and no court has evaluated the testing.
Who Could Be Included?
The complaint proposes a nationwide class of everyone who bought the products in the United States within the applicable statute of limitations, a California class, and a California subclass of people who bought them for personal, family or household use. The companies, their employees and affiliates, and the judges assigned to the case are excluded.These are proposed definitions. A court decides later whether any class is certified and what it covers.
What the Lawsuit Seeks
The claims are brought under California’s Consumers Legal Remedies Act, False Advertising Law and Unfair Competition Law, along with breach of express and implied warranty, unjust enrichment and common-law fraud. The plaintiff asks for damages, restitution, an order stopping the labeling at issue, and attorneys’ fees.The complaint says a notice letter under the Consumers Legal Remedies Act was mailed to the companies on or around September 17, 2026, and that the plaintiff will amend to seek damages under that law if they do not respond within 30 days.
Part of a Wave of Avocado Oil Suits
This is not the only case. The plaintiff’s lawyers filed it as related to an earlier case in the same court, No. 7:26-cv-07389, and the court referred the new case to Judge Philip M. Halpern as possibly related. Law360 reported at the start of September 2026 that a proposed class action in New York federal court accuses PepsiCo of misleading shoppers about avocado oil in its Tostitos and Siete chips.The same study has been cited in suits against other brands, including the Sprouts avocado oil chips lawsuit and the Utz Boulder Canyon and Good Health avocado oil lawsuits.
What Happens Next
The companies will respond to the complaint, often with a motion to dismiss. The court may also decide whether to handle this case together with the earlier Siete and Tostitos case. There is no settlement and nothing for shoppers to file; if the case is certified or settles, class members would typically be notified and told how to take part.Questions
Which Siete chips are named in the lawsuit?
Two products: Siete Kettle Cooked Sea Salt Potato Chips Made with Avocado Oil and Siete Maiz Sea Salt Corn Tortilla Chips Made with Avocado Oil. The complaint says the plaintiff bought the potato chips in a Siete variety pack. Other Siete flavors are not named in this complaint.
What does the UC Davis study have to do with the Siete lawsuit?
The complaint relies on a 2026 peer-reviewed study by UC Davis food scientists, published in Applied Food Research, that tested chips and other foods labeled as made with avocado oil. According to the complaint, the study tested two production lots of each of the two Siete chips and classified all four samples as compositionally inconsistent with authentic avocado oil. Siete and PepsiCo have not responded to the complaint in court, and no court has evaluated the testing.
Can I join the Siete avocado oil class action?
Not yet. This is a newly filed complaint. No class has been certified, there is no settlement, and there is no claim form. People who bought the named chips do not need to do anything now; if the case is certified or settles, class members are typically notified and told how to take part.
Is this the only avocado oil lawsuit against Siete?
No. The plaintiff's lawyers filed it as related to an earlier case in the same court, No. 7:26-cv-07389, which was reported at the start of September 2026 as a proposed class action over Siete and Tostitos avocado oil chips. The court referred the new case to Judge Philip M. Halpern as possibly related to that earlier case.
Read the Complaint
Sources
• CourtListener docket — Floro v. Garza Food Ventures, LLC, No. 7:26-cv-08115 (S.D.N.Y.)• Class action complaint (Dkt. 1, filed September 17, 2026) (PDF)
• Lopez-Alvarez et al., “Authenticity of Avocado and Olive Oils Used as Ingredients in Commercially Processed Foods,” Applied Food Research (2026)
• Law360 — PepsiCo Sued Over “Made With Avocado Oil” Chip Claims (Sept. 1, 2026)
