New Lawsuit Claims Tostitos® and SunChips® Are Not “All Natural,” Contain GE Ingredients

A New York resident has reportedly filed a putative class action in federal court, alleging that Frito-Lay misleads consumers by promoting its snack products as “all natural” when they actually contain corn and oils made from genetically engineered (GE) plants. Shake v. Frito-Lay N. Am., Inc., No. 12-408 (E.D.N.Y., filed January 30, 2012). Similar litigation was filed in December 2011 in California. Details about that case appear in Issue 421 of this Update.

According to a news source, plaintiff Chris Shake alleges that he paid an additional 10 cents per ounce of Tostitos® and SunChips® over other comparable products and would not have done so had he known that the defendant’s products are not made with “all-natural ingredients.” A company spokesperson was quoted as saying that the product labeling “complies with all regulatory requirements.” Shake reportedly alleges damages in excess of $5 million. See Reuters, January 30, 2012.