“All Natural” Chips and Snacks Challenged for Containing GE Ingredients

A California resident who claims economic injury from purchasing Frito-Lay
snack and chip products advertised as “All Natural” while allegedly containing
genetically engineered (GE) corn and vegetable oil seeks to certify a nationwide
class in a consumer fraud action filed in a California federal court. Gengo
v. Frito-Lay N. Am., Inc., No. 11-10322 (C.D. Cal., filed December
14, 2011).

According to the complaint, the company’s tortilla chips, sun chips and
multigrain snacks are prominently labeled as “made with ALL NATURAL
ingredients.” Because they are instead purportedly made with corn, soybean
and canola oils “made from genetically modified plants and organisms,” the
plaintiff contends that “she did not get the ‘all natural’ Tostito’s and SunChip’s
products that were advertised and she paid for.”

Alleging violations of the California Business & Professions Code (misleading
advertising and unfair competition) and Consumers Legal Remedies Act,
breach of express warranty, and violation of the Magnuson-Moss Act, the
plaintiff alleges damages in excess of $5 million, including restitution,
disgorgement, compensatory and statutory damages, injunctive relief,
attorney’s fees, and costs.