Snack Factory Pretzel Crisps Contain GMOs, Class Action Lawsuit Alleges

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A man is seeking damages from a food maker, alleging that a variety of ingredients used in two types of pretzel chips are synthetic, according to a newly filed Snack Factory Pretzel Crisps class action lawsuit.

Lead plaintiff Joshua Seidman alleges that he bought Sea Salt and Cracked Pepper Pretzel Crisps as well as Garlic and Parmesan variants of the chips. Both contain the alleged artificial materials of soybean oil and maltodextrin while the former also includes dextrose and caramel color. Each of the products includes an easily visible “All Natural” label on the front of the package, which “is false, misleading and likely to deceive reasonable consumers,” the Pretzel Crisps class action lawsuit alleges.

According to the Pretzel Crisps class action lawsuit, maltodextrin is a thickening agent created by a “severe” process incorporating corn starch and an acid, while dextrose is synthesized using an enzyme and a type of sugar. Both of these are not found naturally in nature, nor is caramel color found in the other ingredients of the pretzel chips.

However, the Snack Factory Pretzel Crisps class action lawsuit places some focus on the genetically modified soybean oil that is used in the product. Not only have “GMOs been modifed through biotechnology,” but it also cites the Supreme Court’s recent decision on whether or not Myriad Genetics could sell certain breast cancer tests based on patenting genes.

More specifically, the “Supreme Court has held a naturally occurring DNA segment is a product of nature and not patent eligible, but that synthetically created DNA was not naturally occurring and, therefore, is not precluded from patent eligibility. Because naturally occurring genes cannot be patented, it follows that genes that can be patented are not natural,” the Snack Factory Pretzel Crisps lawsuit alleges.

If the precedent was established, the Snack Factory Pretzel Crisps class action lawsuit would go a long way towards bringing genetically-modified organisms to the forefront of food labeling.

The putative Class includes all Florida consumers who bought one of the two products beginning in 2010. Counts include violations of Florida’s Deceptive and Unfair Trade Practices Act, negligent misrepresentation, breach of express warranty, Magnuson-Moss Warranty Act and unjust enrichment.

Seidman is represented by Joshua H. Eggnatz and Michael J. Pascucci of The Eggnatz Law Firm PA.

The Snack Factory Pretzel Crisps Class Action Lawsuit is Joshua Seidman v. Snack Factory LLC, Case No. 0:14-cv-62547, in the U.S. District Court for the Southern District of Florida.