NEW YORK, Jan 30 (Reuters) - A New York man sued
Frito-Lay on Monday, claiming the company misleads consumers
with the claim that its popular Tostitos and SunChips products
are made with "all-natural ingredients."
In the proposed class-action lawsuit filed in Brooklyn
federal court, plaintiff Chris Shake said the snacks actually
contain corn and oils made from genetically engineered plants.
Shake said he shelled out an additional 10 cents per ounce
of chips to buy the allegedly "all-natural" Tostitos and
SunChips instead of a product like Doritos, which makes no such
claim.
Independent testing conducted on samples of Frito-Lay
products labeled "all natural" uncovered the presence of
ingredients -- including corn and vegetable oils -- made from
genetically modified plants, the suit said.
Had he known that, Shake would never have paid a premium to
purchase the "all-natural" chips, the lawsuit said, calling
Frito-Lay's labels "deceptive."
" enetically modified organisms are created artificially
in a laboratory by swapping genetic material across species to
exhibit traits not naturally theirs," the complaint said. "Since
a reasonable consumer assumes that seeds created in such a way
are not 'all natural,' advertising Tostitos and SunChips as
natural is deceptive and likely to mislead a reasonable
consumer."
A similar lawsuit was filed in California federal court last
December. Both the New York and California suits are seeking to
recover the amount of money allegedly paid by consumers in
search of an "all natural" product.
The New York lawsuit estimates the amount of total damages
to exceed $5 million.
Frito-Lay is a unit of PepsiCo Inc.
According to the Center for Food Safety, there is no
comprehensive, formal definition of the term "natural" when it
is used on food labels, with the exception of some meat products
regulated by the U.S. Department of Agriculture.
In 2011, the Center for Food Safety petitioned the U.S. Food
and Drug Administration to require that food containing
genetically modified ingredients be clearly labeled.
The case is Shake et al v. Frito-Lay North America Inc and
Pepsico Inc, in the U.S. District Court for the Eastern District
of New York, No. 12-408.
For the plaintiff: Michael Reese and Kim Richman of Reese
Richman.
For the defendant: Not immediately available.
(Reporting by Jessica Dye)
Follow us on Twitter: @ReutersLegal