On November 4, 2016, Kaplan Fox defeated a bid by Chipotle to dismiss claims brought by consumers in four states that Chipotle’s “Non-GMO” marketing campaign was deceptive and misleading to consumers because they allege Chipotle’s meat, pork, and dairy products are sourced from animals that are raised on genetically-modified feed. Plaintiffs’ Complaint also alleges that Chipotle’s menu has soft-drinks that contain corn-syrup, a well-known GMO ingredient. The federal court’s ruling found that Plaintiffs adequately supported their key allegations that Chipotle’s “non-GMO” and “GMO free” representations are likely to deceive reasonable consumers because Plaintiffs allege Chipotle’s use of the terms is at odds with “definitions used by the Non-GMO Project and the federal government, as well as market research and surveys into consumers’ reasonable interpretations of the phrases.” Accordingly, the Court found Plaintiffs’ claims against Chipotle for violations of consumer protection laws in California, New York, Florida and Maryland can proceed. Plaintiffs seek damages and restitution on behalf of Chipotle consumers who were duped by Chipotle’s allegedly false advertising.

Kaplan Fox has extensive experience representing consumers in cases alleging they were deceived by false advertising in purchasing consumer electronics, nutritional supplements, toys, and other household goods. Kaplan Fox’s dedication to protecting consumers’ rights has recovered hundreds of millions of dollars in class action cases that held companies accountable for consumer fraud. If you would like more information about our “Non-GMO” false advertising case against Chipotle, Case No. 16-cv-02200, fill out the form below or contact us toll-free at 1-844-333-7660.