A Colorado resident has filed a lawsuit on behalf of a putative nationwide
class against Pepperidge Farm, Inc., alleging that the company misleads
consumers by labeling its Cheddar Goldfish crackers “natural,” because they
contain genetically modified organisms (GMOs) “in the form of soy and/or
soy derivatives.” Bolerjack v. Pepperidge Farm, Inc., No. 12-2918 (D.
Colo., filed November 6, 2012).

Claiming damages in excess of $5 million, the plaintiff claims that she
“purchased the Product believing it to be ‘Natural’ because he [sic] read and
relied on Pepperidge Farm’s material statement that the Product is ‘Natural,’
prominently displayed on the Product’s front labeling/packaging. Plaintiff
has been damaged by her purchase of the Product because the labeling and
advertising for the Product was and is false and/or misleading under Colorado
law; therefore, the Product is worth less than what Plaintiff paid for it and/
or Plaintiff did not receive what he [sic] reasonably intended to receive when
purchasing the Product.”

Seeking to represent a nationwide class of consumers who purchased the product since November 2008, the plaintiff alleges violation of Colorado’s Consumer Protection Act, breach of express warranty and negligent misrepresentation. She seeks equitable relief, restitution, disgorgement, actual 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.