Frito-Lay Denies Class Action Lawsuit Charges that “All Natural” Means No GMOs

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Frito-Lay North America Inc. filed an official response last week to a consolidated class action lawsuit, denying that its use of the phrase “all natural” on the packaging of some of its products means that those food items don’t contain genetically modified ingredients. The food manufacturer asked to court to dismiss the class action lawsuit and award Frito-Lay the costs it incurred defending the case.

In court documents filed October 10, Frito-Lay said it disagrees with the claim made in a class action lawsuit filed against the company in July 2012 that the words “made with all natural ingredients” added to the labels of some Tostitos, Sun Chips and Fritos Bean Dip products meant that those products were made without GMOs.

Frito-Lay does not deny buying genetically modified corn for its products:

“Defendant did not distinguish between corn derived from genetically modified seeds and corn derived from seeds that have not been genetically modified or bioengineered to use in the Products,” Frito-Lay states in its response.

The PepsiCo-owned company explained that genetically modified or bioengineered corn seeds make up about 90 percent of the U.S. corn supply, but added that Frito-Lay “cannot say with certainty whether any particular Product contained corn derived from genetically modified seeds” or “whether any particular Product contains trace amounts.”

Frito-Lay denied that it was liable under the numerous claims that it had violated California, Florida and New York state laws, and defended itself against 26 allegations.

The food manufacturer also cited the First Amendment of the Constitution in its defense, saying that the free speech clause gives Frito-Lay to say what prohibiting the company from making statements about its products would be a violation of the company’s freedom of speech rights.

Frito-Lay also asserts numerous times that no injuries were sustained by any of the products named in the class action lawsuit, nor does the food company owe the Class Members any money since it did not directly sell its products to them.

The plaintiffs claim that they and other Frito-Lay customers were misled by the phrase “all natural” because GMOs gives food traits that do not occur naturally.

“Defendants’ conduct harms consumers by inducing them to purchase and consume the products containing GMOs on the false premise that the products are ‘all natural,’ and by inducing consumers to pay a premium price for the products,” the Frito-Lay class action lawsuit states.

The plaintiffs named in the original Frito-Lay class action lawsuit are Chris Shake of New York, Julie Gengo and Valerie Zuro of California, and Lisa Summerlin of Florida. They are asking for a court order saying that Frito-Lay cannot market products that contain GMOs as “all natural.” They are also seeking monetary damages.

U.S. District Judge Rosylynn R. Mauskopf of the Eastern District of New York dismissed most of the claims against Frito-Lay parent company PepsiCo. The plaintiffs did not take up the opportunity to amend its complaint before the deadline on October 1.

The Frito-Lay “all natural” class action lawsuit was consolidated in the U.S. District Court for the Eastern District of New York with three other lawsuits that make similar claims against Frito-Lay.

The Plaintiffs are represented by Ariana J. Tadler and Henry J. Kelston of Milberg LLP and by Michael R. Reese and Kim E. Richman of Reese Richman LLP.

The Defendants are represented by Jason R. Meltzer and Andrew S. Tulumello of Gibson Dunn.

The Frito-Lay Class Action Lawsuit consolidated case is Frito-Lay North America Inc. All Natural Food Litigation, Case No. 1:12-md-02413, in the U.S. District Court for the Eastern District of New York.

UPDATE: On Oct. 3, 2017, Frito-Lay has agreed to end five years of litigation over labeling on its products that indicate they are “made with all natural ingredients” by changing its labels.