Chipotle Class Action Lawsuit Claims Food Is Not GMO Free

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The popular burrito chain Chipotle Mexican Grill Inc. which publicly declared that it’s completely GMO-free last year, is being sued again over alleged use of GMOs. According to the class action lawsuit filed in San Francisco, the Colorado-based company has been using GMOs — or genetically modified organisms — in its food “despite advertising that it is GMO-free.”

Plaintiff Allison Pappas of San Diego filed the consumer fraud class action lawsuit individually and for all others similarly situated against Chipotle alleging the restaurant chain violated California’s Consumer Legal Remedies Act, False Advertising Law and Unfair Competition Law by deceiving consumers regarding the ingredients in its food.

Pappas claims in 2015 Chipotle engaged in a publicity campaign claiming that it is the “first national company” in the food industry to serve a menu that contained no genetically modified organisms (GMOs). However, according to the Chipotle GMO class action lawsuit, the burrito chain’s items have never been free of GMOs.

Specifically, the complaint alleges that Chipotle 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.

“As a result of Chipotle’s conduct, customers like Plaintiff Pappas have been deceived into buying Chipotle’s food, or paying more for Chipotle products than they would have otherwise paid,” the lawsuit states.

The class action 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.”

Pappas says 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 class action lawsuit further purports that 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 GMOs.

This isn’t the only class action lawsuit filed against Chipotle over its GMO-free claims. Last summer, Colleen Gallagher of California filed a similar lawsuit against the food chain over allegations that despite spending millions on a GMO-free advertising campaign, the restaurant has never been completely GMO-free.

Pappas seeks monetary and actual damages, restitution, declaratory relief, interest, attorney fees and other costs of the class action lawsuit on behalf of California consumers who purchased food from Chipotle since April 27, 2015 – the day the company announced that it was “G-M-Over it” to the present.

The plaintiff is represented by Stephen B. Morris of the Law Offices of Stephen B. Morris.

The Chipotle GMO Class Action Lawsuit is Pappas v. Chipotle Mexican Grill Inc., Case No. 3:16-CV-00612-MMA-JLB in the U.S. District Court for the Southern District of California.

UPDATE: On Aug. 31, 2016, a California federal judge dismissed the claims in the GMO class action lawsuit related to the meat and dairy products, but agreed to let the claims related to the company’s tortillas and chips proceed.