Putative Class Claims Tortilla Chips Falsely Advertised as “All Natural”

A Florida resident has filed a putative statewide class action against Gruma Corp., alleging that the company falsely advertises its Mission® Restaurant Style Tortilla chip products as “all natural” when they contain genetically modified organisms (GMOs). Griffith v. Gruma Corp., No. 13-80791 (S.D. Fla.,  filed August 12, 2013).

Alleging violations of the Florida Deceptive and Unfair Trade Practices Act and
contending that her claims “mirror the labeling, packaging, and advertising
requirements mandated by federal regulations and laws,” the plaintiff claims
that the products are misbranded and the labels are false and misleading
because GMOs are not natural and she understood that product representation
to mean that the chips contained no GMO ingredients. Alleging
damages in excess of $5 million, the plaintiff seeks injunctive relief, restitution,
disgorgement, actual damages, attorney’s fees, costs, and interest.