“All Natural” Lawsuits Filed in New York over Hummus, Cheese Crisps

A consumer has filed a putative class action in New York federal court
against Tribe Mediterranean Foods alleging that its hummus is not
“all natural” because the product contains genetically modified (GM)
ingredients, including canola oil and citric acid. Magier v. Tribe
Mediterranean Foods, No. 15-5781 (S.D.N.Y., filed July 23, 2015). The
complaint asserts that the “all natural” claim on the label precludes Tribe
from using any artificial or synthetic ingredients in the hummus, and
the plaintiff argues that she paid a higher price for the product believing
it to be free of synthetic or GM ingredients. She claims that Tribe
violated the Magnuson-Moss Warranty Act and New York consumer
protection statutes and further alleges fraud, unjust enrichment and
misrepresentation claims.

Meanwhile, in New York state court, a group of consumers has reportedly
filed a lawsuit alleging that John Wm. Macy Cheese Crisps, Cheese Sticks
and Sweet Sticks contain synthetic ingredients such as niacin, riboflavin
and folic acid, which they argue conflicts with the “all natural” packaging
claim. The complaint alleges that the company takes advantage
of consumers because they cannot test the products for particular
ingredients before purchasing them. The consumers reportedly seek
refunds, corrections to the packaging and attorney’s fees. See New York
Daily News, July 31, 2015.

Issue 574