Brigette Honaker  |  September 20, 2019

Category: Food

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chipotle burrito bowlChipotle misleadingly markets their food as being GMO-free, according to a recent class action lawsuit filed against the popular fast food chain.

Genetically modified organisms (GMOs) are a source of contention within the nutrition community. Many scientific experts argue that GMOs can actually be more healthy than traditional crops while others attach a negative, unhealthy perception to these foods.

The Chipotle class action lawsuit states that the restaurant takes advantage of GMOs’ negative reputation.

In April 2015, the company reportedly started to market itself as non-GMO, touting that it was the “first national company” to fully eliminate GMOs. These statements were reportedly included in TV commercials, billboards, social media posts, store signage, and more.

Unfortunately, plaintiff Melissa Cruz says these statements are false.

The Chipotle class action claims that the restaurant’s menu “has never been at any time free of GMOs.” Specifically, the corn and soybean products reportedly contain low levels of GMOs.

Chipotle allegedly fails to clarify this to their consumers and continues to misrepresent their products as being GMO-free despite being aware of the GMO content present in their menu.

“Chipotle has carefully tailored its public image by marketing to healthy-lifestyle and environmentally conscious consumers that it knows are willing to pay premium prices for its food products because they align with the consumers’ ethical eating choices,” Cruz argues in her Chipotle class action.

Cruz argues that Chipotle knows that consumers are more likely to pay more for food products which are perceived as organic or natural. The company allegedly takes advantage of this fact when it fails to clarify its non-GMO stance.

“Were the presence of GMOs in food not material to consumers, Chipotle would not focus its marketing and advertising to claim that it is the first GMO-free fast-food restaurant, and Chipotle would not be able to charge customers premium prices for its purportedly ‘non-GMO’ food products,” the Chipotle class action lawsuit claims.

Cruz’s complaint includes claims of violations of the California Consumer Legal Remedies Act, California’s False Advertising Law, and California’s Unfair Competition Law.

In her Chipotle class action, Cruz seeks to represent a Class of consumers in California who purchase Chipotle since April 27, 2015.

Chipotle recently agreed to pay $6.5 million to resolve similar claims regarding non-GMO advertisements. The Chipotle class action settlement will provide $2 for every qualifying purchase. With proof of purchase, consumers can submit a claim for up to 10 purchases (maximum of $20). Without proof of purchase, consumers can only submit a claim for up to 5 purchases (maximum of $10).

On behalf of the proposed Class, Cruz’s Chipotle class action seeks injunctive relief, declaratory relief, court costs, and attorneys’ fees.

Do you think that Chipotle should change their non-GMO marketing tactics? Let us know what you think in the comment section below.

Cruz and the proposed Class are represented by Quyen C. Hoang of the Law Offices of Quyen C. Hoang.

The Chipotle Class Action Lawsuit is Cruz v. Chipotle Mexican Grill Inc., Case No. 2:19-cv-08068-FMO-PLA, in the U.S. District Court for the Central District of California.

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67 thoughts onChipotle Class Action Filed Over GMO-Free Advertising

  1. Katina Walker says:

    Add me

  2. Gina Burns says:

    Add me please

  3. Enrique D Acereto says:

    One of my favorite restaurants using deceptive advertising.

  4. kathleen wilmore says:

    Once a month I meet a friend at Chipotle’s for lunch. My choices always include corn. Disappoiting!

  5. Doras says:

    In about two week ago on Figueroa Street in LA

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