Melissa LaFreniere  |  September 1, 2015

Category: Consumer News

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chipotle wage and hourThe fast-casual Mexican food chain Chipotle has been hit with a putative $5 million class action lawsuit over allegations that the company falsely advertised that their menu was completely GMO-free.

Lead plaintiff Colleen Gallagher of California is suing Chipotle Mexican Grill Inc. for intentionally misleading customers into believing that as of April 2015, they were the “first national company” in the food industry to serve a GMO-free menu. According to the Chipotle class action lawsuit, the food chain has never been completely GMO-free yet they spent tens of millions of dollars in advertising trying to convey this deceptive message to health-conscious consumers.

The false advertising class action lawsuit alleges that Chipotle serves meat products that come from animals which eat GMOs including soy and corn. In addition, the lawsuit claims that Chipotle’s burritos and tacos are typically served with cheese and sour cream which come from dairy farms that feed their animals GMOs. Gallagher further reports that Chipotle sells soft drinks which are made with corn syrup which is a GMO.

GMO refers to a genetically modified organism which includes any organism whose genetic material has been altered. In the United States, 92 percent of corn, 94 percent of soybeans and 95 percent of cotton are genetically modified varieties, according to the Chipotle class action lawsuit.

This class action lawsuit states that,“while Chipotle knows that its menu contains ingredients with GMOs, it takes no meaningful steps to clarify consumer misconceptions in its advertisements and on its billboards, both in stores and in print, which instead say ‘all’ of the ingredients used in its food products are ‘non-GMO.’”

Gallagher claims she relied on Chipotle’s “food with integrity” campaign and therefore believed that the food chain was a healthier dining option. Gallagher says that she would have never purchased food from Chipotle had she known that the nationwide advertising campaign conveyed a deceptive message to customers.

The Chipotle GMO class action lawsuit alleges that the restaurant intentionally concealed that not all of the menu is GMO-free for the purpose of enticing consumers to buy their products.

Gallagher claims that Chipotle has violated California Consumer Legal Remedies Act because the company deliberately misrepresented the ingredients in its food and they “knowingly advertised its food products with the intent not to sell the products as advertised.” Plaintiff Gallagher is also claiming Chipotle is in violation of California’s False Advertising Law and Unfair Competition Law.

If approved, the Chipotle class action lawsuit would be open to all Class Members residing in California, during the period April 27, 2015 to the present, who purchased and/or paid for Chipotle food products.

Gallagher is represented by Laurence D. King, Linda M. Fong, Matthew B. George, Mario M. Choi, Frederic S. Fox and Donald R. Hall of Kaplan Fox & Kilsheimer LLP.

The Chipotle False Advertising Class Action Lawsuit is Gallagher v. Chipotle Mexican Grill Inc., Case No. 3:15-cv-03952, in the U.S. District Court for the Northern District of California.

UPDATE: On Feb. 5, 2016, a California federal judge dismissed the Chipotle class action lawsuit stating that the plaintiff didn’t prove she suffered economic loss from the alleged injury. However, Judge Gilliam agreed to allow the plaintiff revise her allegations and file an updated version.

UPDATE 2: On Mar. 11, 2016, an amended complaint has been filed over Chipotle’s alleged false advertising of its GMO-free campaign following the lawsuit’s initial dismissal.

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8 thoughts onChipotle Hit With False Ad Class Action Over GMO-Free Campaign

  1. Top Class Actions says:

    UPDATE 2: On Mar. 11, 2016, an amended complaint has been filed over Chipotle’s alleged false advertising of its GMO-free campaign following the lawsuit’s initial dismissal.

  2. Top Class Actions says:

    UPDATE: On Feb. 5, 2016, a California federal judge dismissed the Chipotle class action lawsuit stating that the plaintiff didn’t prove she suffered economic loss from the alleged injury. However, Judge Gilliam agreed to allow the plaintiff revise her allegations and file an updated version.

  3. Robert says:

    Chipotle has been my family’s go to eatery for health reasons. Where do I sign up very unhappy to hear about this

  4. Lucy Schupp says:

    sighn me up

  5. veronica says:

    Where do you sign up at

  6. Ekaterina linde says:

    I completely disagree with Chipotle. Advertising something that they don’t even follow themselves. Some people can be allergic or can’t have certain kinds of foods and with chipotle false advertising can cause people not only to be sick but also lose their lives. I have family members that can’t have certain foods and it can cause them to lose their lives due to false advertisement.

  7. chris says:

    Only for residents in California? Why not Minnesota where I am? They have signs all over that state they are GMO free??

  8. Lisa Murphy says:

    Thats so silly. It doesn’t say ALL ingredients where I live and work. They are very careful to say certain ingredients are not yet GMO free and they specify which ones.

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