Kaplan Fox filed a federal class action law suit against Chipotle Mexican Grill, Inc. on behalf of all California consumers that alleges Chipotle’s marketing and advertising campaign that claims its menu does not contain genetically modified organisms (GMOs) is actually deceptive and misleading to consumers because many of Chipotle’s menu items actually do contain and are sourced from GMOs.  Plaintiff’s Complaint alleges that Chipotle has marketed its “Food With Integrity” brand to healthy-lifestyle and environmentally conscious consumers who are willing to pay premium prices for food that aligns with the consumers’ ethical eating choices. The lawsuit alleges that beginning on April 27, 2015, Chipotle launched a multi-media publicity campaign that advertised and represented to consumers that Chipotle was “G-M-Over it” and that it only uses “non-GMO ingredients.” The complaint alleges that Chipotle’s claims are false and misleading to customers because Chipotle’s menu was never free of GMOs at any time. Among other things, the complaint alleges that Chipotle serves meat products that come from animals which feed on GMOs, including soy and corn, that its sour cream and cheese ingredients come from dairy farms that feed animals with GMOs, and that Chipotle sells soft drinks that are made with corn-syrup—a GMO.

The complaint alleges violations of the California Consumer Legal Remedies Act, the California False Advertising Law, and the California Unfair Competition Law, and seeks damages and injunctive relief on behalf of California consumers.

Case

Gallagher v. Chipotle Mexican Grill, Inc., No. 15-cv-03952-HSG

Court

Northern District of California

Classes

All California consumers that purchased Chipotle products since April 27, 2015.

Attorneys

• Fred Fox
• Laurence D. King
• Donnie Hall
• Linda M. Fong
• Matthew B. George
• Mario M. Choi

Case Documents

• Class Action Complaint