GMO Putative Class Action Targets Boar’s Head

A consumer has filed a projected class action alleging Boar’s Head Provisions Co. Inc. misleadingly markets its cheeses as “natural” despite containing genetically modified organisms (GMOs). Forsher v. Boar’s Head Provisions Co. Inc., No. 17-4974 (N.D. Cal., filed August 25, 2017). The complaint asserts that GMOs are “not natural” and that “consumers do not expect [GMOs] to be present in foods labeled ‘natural'”; further, “reasonable consumers do not believe there are any differences between foods that are labeled ‘natural’ and those that are labeled ‘organic.’ Reasonable consumers believe that ‘organic’ foods do not contain GMOs, and that foods labeled ‘natural’ are likewise free of such substances.” The plaintiff seeks an injunction, restitution, damages and attorney’s fees for alleged violations of state consumer-protection statutes as well as unjust enrichment and intentional misrepresentation.