Pepperidge Farm markets, advertises, sells and distributes “Natural” Cheddar Goldfish® Crackers
According to the complaint, Defendant made and continues to make false and misleading claims regarding its representation that the Product is “Natural.” Defendant has mistakenly or misleadingly represented that the Product is “Natural,” when in fact, it is not, because it contains bio-engineered food, more commonly known as Genetically Modified Organisms (“GMOs”) in the form of GMO soy and/or soy derivatives.
As alleged, Defendant’s “Natural” statement prominently displayed on the Product’s packaging and/or labeling is false, misleading, and likely to deceive reasonable consumers, such as Plaintiff and members of the Class, because the Product is not “Natural,” due to the presence of soybean oil in the Product.
GMOs are plants that grow from seeds in which DNA splicing has been used to place genes from another source into a plant. Contrary to Defendant’s express or implied representations, the Product uses plants or plant derivatives grown or created from GMOs. Defendant’s marketing of the Product as “Natural” is false, because GMOs’ genetic makeup has been altered through biotechnology to exhibit characteristics that do not otherwise occur in nature.
The complaint seeks an Order prohibiting Defendant from including genetically modified ingredients in its “Natural” Products or, in the alternative, from representing the Products are “Natural” when they are not, because bio-engineered soy is not “Natural.”