A Florida resident has filed a putative statewide class action alleging that
Frito-Lay falsely labels its snacks, including “Bean Dip products,” as “ALL
NATURAL” despite the use of ingredients—particularly soy—containing
genetically modified organisms (GMOs). Altman v. Frito-Lay N. Am., Inc., No.
12-61803 (S.D. Fla., filed September 13, 2012). The gist of
the complaint is that products containing GMOs should not be labeled “all
natural” unless they also disclose that the products contain GMOs.

The plaintiff contends that she would not have purchased the company’s
bean dip if she had known the company “could not support its claim that the
Product is all natural.”

Seeking to represent a class of Florida consumers who purchased Frito-Lay
“All Natural” products over the past four years, the plaintiff alleges violations
of the state’s Deceptive and Unfair Trade Practices Act and unjust enrichment.
She requests injunctive relief, restitution, actual damages, punitive damages,
attorney’s fees, costs, and interest.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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