U.S. buyers of Simply Tostitos Sea Salt & Avocado Oil tortilla chips and two Siete “Made with Avocado Oil” chips may be covered by a proposed class action alleging PepsiCo, Inc. sold the chips with a blend of other 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. PepsiCo, Inc. has 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 New Jersey consumer who bought the chips in New York and New Jersey filed Golden v. PepsiCo, Inc., No. 7:26-cv-07389, on August 31, 2026, in the U.S. District Court for the Southern District of New York. PepsiCo, based in Purchase, New York, owns both the Tostitos and Siete brands.The complaint alleges the chips are marketed so that avocado oil appears to be their only cooking oil, when lab testing found they contain a blend of other oils. It relies on a 2026 peer-reviewed study by University of California, Davis researchers, published in Applied Food Research, which the complaint says found oil extracted from the products did not match the chemical fingerprint of authentic avocado oil. PepsiCo has not responded to the allegations in court.
This is a separate case from the Siete avocado oil chips lawsuit filed September 17, which names Siete Foods as well as PepsiCo and covers only the two Siete chips. That later case was filed as related to this one.
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Which Chips Are Named?
- Simply Tostitos Sea Salt & Avocado Oil Tortilla Chips
- Siete Kettle Cooked Sea Salt Potato Chips Made with Avocado Oil
- Siete Maiz Sea Salt Corn Tortilla Chips Made with Avocado Oil
Who Could Be Covered?
The complaint proposes a nationwide class of all consumers who bought the chips anywhere in the U.S. during the limitations period, plus a New York subclass of people who bought them in New York. The New York consumer-law counts apply only to the subclass; the warranty and unjust enrichment counts are brought for the whole class. No class has been certified.What the Complaint Claims
The plaintiff argues that avocado oil is a premium ingredient shoppers see as healthier and will pay more for, and that the packaging presents it as the chips’ only oil. According to the complaint, the UC Davis testing showed fatty-acid and sterol profiles consistent with dilution or substitution by other oils. The complaint says ordinary shoppers cannot detect a blend of oils and should not have to check the ingredient list to confirm a front-of-package claim.It brings four counts: deceptive practices under New York General Business Law § 349, false advertising under § 350, breach of express warranty under the warranty laws of nearly every state, and unjust enrichment. It also says the labels violate New York’s false-description statute, GBL § 392-b.
What the Plaintiff Wants
The complaint asks for class certification, an order stopping the “avocado oil” marketing, actual and treble damages, and punitive damages. For the New York subclass it seeks statutory damages of $50 per transaction under § 349 and $500 per transaction under § 350. Those are requests, not awards. The plaintiff is represented by Sultzer & Lipari, PLLC.What Happens Next?
The case is assigned to U.S. District Judge Philip M. Halpern in White Plains. On September 25, 2026, the judge granted PepsiCo’s request for more time to respond to the complaint. A motion to dismiss is a common first response in food labeling suits. Because the Siete case was filed as related, the court may also decide whether to coordinate the two. There is nothing for consumers to file.Questions
Is this the same case as the Siete avocado oil lawsuit?
No. It is a separate, earlier case. Golden v. PepsiCo was filed August 31, 2026, against PepsiCo alone and covers Simply Tostitos as well as two Siete chips. A second suit, Floro v. Garza Food Ventures, was filed September 17 against Siete Foods and PepsiCo over the Siete chips only. Both are before the same judge, who could coordinate them.
Which chips does the lawsuit cover?
Three products: Simply Tostitos Sea Salt & Avocado Oil Tortilla Chips, Siete Kettle Cooked Sea Salt Potato Chips Made with Avocado Oil, and Siete Maiz Sea Salt Corn Tortilla Chips Made with Avocado Oil.
I didn’t buy the chips in New York. Am I covered?
The complaint proposes a nationwide class of everyone in the U.S. who bought the chips, so out-of-state buyers are included in the proposal. The New York consumer-law counts are limited to a New York subclass. No class has been certified.
Are the chips unsafe?
The lawsuit does not claim the chips are unsafe and there is no recall. It is an economic claim that buyers paid a premium for avocado oil they allegedly did not fully get.
Class Action Complaint
Sources
- Class action complaint, Golden v. PepsiCo, Inc., No. 7:26-cv-07389 (S.D.N.Y. filed Aug. 31, 2026), ECF No. 1 (embedded above)
- CourtListener docket — Golden v. PepsiCo, Inc. (order granting extension, ECF No. 7)
- Lopez-Alvarez et al., “Authenticity of Avocado and Olive Oils Used as Ingredients in Commercially Processed Foods,” Applied Food Research (2026)
