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Chipotle says it will vigorously defend a “meritless and unfair” lawsuit accusing it of falsely advertising its was as non-GMO. But attorneys say the case shows that firms are vulnerable to civil litigation over non-GMO claims if genetic engineering has bee used at any stage in the production process, even if their final products do not contain any detectable GM ingredients.
The lawsuit argues that Chipotle’s non-GMO claims are “false” and “misleading” as it sells meat and dairy products from animals fed GM feed, and soft drinks from third parties containing sweeteners from genetically engineered corn. Chipotle does disclose this information on its website.
The lawsuit highlights the legal minefield surrounding non-GMO claims, which can mean different things depending on who is making them.
For example, while Chobani markets its yogurts as non-GMO as the contain no genetically modified ingredients, its yogurts would no qualify for the non-GMO Project Verified stamp because Chobani uses milk from animals that may have been fed GM feed.
Not all non-GMO claims mean the same thing, Robert S. Niemann, a partner at Keller and Heckmann LLP, told FoodNavigator-USA. If genetic engineering has been involved at any stage of the production process, you’re taking a risk by making non-GMO claims.
Read full, original post: Chipotle vows to fight ‘meritless’ GMO lawsuit, but case highlights legal minefield over Non-GMO claims
